Filed Under, "Pass the Popcorn"

The Jack Smith filing has been released in redacted form to the public.

There is a lot to go over, but the short version is that the President has no role in elections, and as such attempts to subvert the election are not an official act.

Also, the filing appears to show that Trump knew that he had lost which eliminates even that potential loophole.

Also, I think that it inevitable that former VP Mike Pence will be a witness in the trial. 

When the special counsel, Jack Smith, charged former President Donald J. Trump last year with plotting to overturn the 2020 election, the federal indictment filed in Washington had only one defendant: Mr. Trump himself, who stood accused of working with a small team of conspirators.

But in a court filing unsealed on Wednesday, Mr. Smith drew on the actions of a much larger group to tell the tale of how Mr. Trump lost the race but sought to stay in the White House.

He populated his brief with a sprawling cast of characters — lawyers, longtime Trump aides, campaign operatives, even some of the rioters who stormed the Capitol on Jan. 6, 2021 — who all played a supporting role either for or against Mr. Trump’s attempts to cling to power.

Most of them were not named in the 165-page filing, and were referred to only by numeric monikers, though many of their identities could be divined from details in the brief. And the sheer scope of the crew was evidenced by the fact that the anonymized references started with Person 1 and went all the way to Person 71.

………

Among those characters was Eric Herschmann, a lawyer who had met Mr. Trump through his childhood friend, Jared Kushner, the former president’s son-in-law.

Identified as Person 9 in the brief, Mr. Herschmann started working in the White House as an assistant to the president in August 2020. During the chaotic weeks after Mr. Trump had been defeated, Mr. Herschmann offered what Mr. Smith described as “the unvarnished truth” about the “claims of fraud” that Mr. Trump and his allies were advancing.

……… 

As the brief says, Mr. Herschmann — whose name appears unredacted but slightly misspelled at one point in the document — was aware that two outside consulting firms had looked at and debunked most of the claims. At one point, he warned Mr. Trump that if he brought them into court “they would get slaughtered” because they were “all bullshit.”

………

The brief asserts that Mr. Trump had a conversation with Mr. Bannon a little less than 15 minutes before he called Mr. Pence on Jan. 1.

During that call, Mr. Trump is said in the brief to have told Mr. Pence that if he did not go through with the plans, hundreds of thousands of people were “gonna hate your guts” and were “gonna think you’re stupid.”

First, it's clear, giving Trump's history of stochastic terrorism, that this is an explicit threat.

Second, it makes clear how Pence has to testify.

………

If Mr. Smith’s filing was in many ways a trial brief, setting forth the most detailed picture yet of how Mr. Trump had sought to disrupt the lawful transfer of power, it also had a much more narrow legal purpose: It was sent to the judge in the case, Tanya S. Chutkan, to help her determine how much of the indictment can survive the Supreme Court’s landmark ruling granting Mr. Trump a broad form of immunity for many official acts he took in office.

Which reminds me, we need to start getting serious about reforming the deeply corrupt Supreme Court.