STORY: :: Analyst says Trump’s actions to overturn the 2020 election were 'more extreme' :: October 3, 2024 :: Washington, D.C. :: Paul Schiff Berman, Law Professor, George Washington University "What we learned today is that Trump's actions were even more extreme and more outrageous than we knew beforehand. We knew the general outlines, but the fact that so many people told him that he had no argument whatsoever that the election was actually fraudulent and that he continued pursuing this, that he had no interest at all in Mike Pence's safety and instead was willing to allow the mob to go after him violently and didn't seem to care. These are things that are beyond the bounds of what a president in his official capacity should ever be contemplating doing. So if we can't prosecute someone like that for acts like this, then we really don't have a constitutional democracy at all." "Trump was told by those closest to him that his claims of election fraud were completely without merit. And the reason that's important is that then when he continues to claim 'election fraud,' he's not doing it as the chief law enforcement officer of the country, trying to take care that laws are faithfully executed. He's doing it as a candidate who's trying to sow confusion in the electorate so that he can engage in what is effectively a coup against democracy." "Donald Trump faces pretty high stakes in this election. He really needs to win so that he can at least delay the prosecutions until after he's out of office or possibly scuttle them altogether." U.S. prosecutors said Donald Trump was acting outside the scope of his duties as president when he pressured state officials and then-Vice President Mike Pence to try to overturn his 2020 election defeat, the filing shows. The 165-page filing is likely the last opportunity for prosecutors to detail their case against Trump before the Nov. 5 election given there will not be a trial before Trump faces Democratic Vice President Kamala Harris. And according to Paul Schiff Berman of George Washington University Law School, Trump's legal peril has increased. "There is a real chance of prosecution," he said in an interview. "Donald Trump faces pretty high stakes in this election. He really needs to win so that he can at least delay the prosecutions until after he's out of office or possibly scuttle them altogether." The filing is meant to keep the federal criminal election subversion case against the Republican presidential candidate moving forward following a July U.S. Supreme Court ruling that former presidents have broad immunity from prosecution for their official actions in office. Prosecutors working with Special Counsel Jack Smith laid out a sweeping account of Trump's conduct following the 2020 election, much of which has already been made public through news reports, findings from the House committee that investigated the Capitol riot or the indictment obtained by Smith in the case. It includes an allegation that a White House staffer heard Trump tell family members that "it doesn't matter if you won or lost the election. You still have to fight like hell." "The most important set of revelations has to do with the number of times Trump was told by those closest to him that his claims of election fraud were completely without merit. And the reason that's important is that then when he continues to claim 'election fraud,' he's not doing it as the chief law enforcement officer of the country," Berman said. Trump has pleaded not guilty to four criminal charges accusing him of a conspiracy to obstruct the congressional certification of the election, defraud the U.S. out of accurate results and interfere with Americans’ voting rights. Much of the filing focuses on Trump's dealings with then-vice president and running mate Mike Pence, who Trump tried to pressure into using his official role overseeing Congress's Jan. 6, 2021, certification of the election results to overturn his defeat. Trump gave a fiery speech that day before his supporters stormed the Capitol, battling police, sending lawmakers running for their lives and chanting "hang Mike Pence." Pence was identified by name throughout the filing. The names of many other members of Trump's administration, allies and state officials he targeted are blacked out, though details of their locations and actions make their likely identities clear. The filing shows instances of Trump privately mocking the claims his allies were publicly making on his behalf. For instance, during a phone call with an unidentified lawyer who appears to be Sidney Powell, Trump put her on mute and called her claims "crazy," the filing said. Trump has rejected this case and multiple other criminal prosecutions he faced this year as politically motivated attempts to prevent him from returning to power. "These are things that are beyond the bounds of what a president in his official capacity should ever be contemplating doing. So if we can't prosecute someone like that for acts like this, then we really don't have a constitutional democracy at all," Berman said.

Liz Cheney, a Republican and former congresswoman from Wyoming, campaigned with Kamala Harris in Wisconsin, rejecting Donald Trump and calling fidelity to the U.S. constitution "the most conservative of conservative values."