Trove of redacted documents

Special counsel releases trove of redacted documents in 2020 election subversion case against Trump

By Devan Cole, Holmes Lybrand, Jeremy Herb, Hannah Rabinowitz and John Fritze

Special counsel Jack Smith on Friday released a massive trove of heavily redacted documents in his 2020 election subversion criminal case against former President Donald Trump.

There are nearly 2,000 pages in a massive trove of documents released Friday, but nearly all of the pages appear to be completely redacted.

The redacted appendices filed on the public docket in the case are related to Smith’s expansive filing from earlier this month that laid out his fullest picture yet of the case against Trump and Smith’s belief that his actions around the 2020 election should not be shielded by presidential immunity.

One volume is filled with sealed pages as well as tweets and other social media posts from Trump, his campaign and allies, including some posted during the January 6, 2021, Capitol riot.

One of the tweets include Trump’s post that day that Vice President Mike Pence “didn’t have the courage to do what should have been done” that day in supporting his effort to change the election results.

Others include a myriad of claims of voter fraud during the 2020 election.

Prosecutors have argued that these tweets from Trump should be allowed to be used in the trial because they were personal in nature or part of his campaigning efforts and not his official duties as president.

The documents were released a day after Judge Tanya Chutkan rejected a bid by Trump to pause the release. Trump argued that posting the documents now could be seen as election inference and had asked them to remain under seal until after Election Day.

“If the court withheld information that the public otherwise had a right to access solely because of the potential political consequences of releasing it, that withholding could itself constitute – or appear to be – election interference,” Chutkan wrote in a decision late Thursday.

Another volume contains memos from lawyer John Eastman with a plan for Pence to reject the congressional certification of the 2020 election. The volume also includes a public statement Trump released the night before January 6 claiming he and Pence were on the same page about the congressional certification, Trump’s prepared remarks for his speech on January 6, and fundraising emails sent out by his 2020 campaign in the days before January 6.

Pence’s letter to Congress on January 6 explaining why he could not reject certifying the election and a transcript of Trump’s 2023 CNN town hall are also included in the documents.

The redacted files were expected to include an array of materials, including grand jury transcripts and notes from FBI interviews conducted during the yearslong investigation.

Prosecutors have charged Trump with four crimes stemming from his actions following his 2020 election loss, including conspiracy to defraud the United States and obstruction. Trump has pleaded not guilty.

In a blockbuster ruling this summer, the Supreme Court said that Trump enjoys partial presidential immunity for alleged crimes he committed while in office. Chutkan must now decide how to apply that ruling to the conduct at issue in this case.