Jack Smith Files SUPERSEDING Indictment

Jack Smith files a superseding indictment in the DC criminal conspiracy case welcome to law and Society Please Subscribe and let's get started on a summary of this new indictment you this is a new indictment that was evidence was presented to a new grand jury and they came out with indictment on these four same four statut statutory violations of of uh uh conspiracy to defra the United States conspiracy to obstruct an official proceeding obstruction of an attempt to obstruct an official proceeding and conspiracy against rights as I have done before what I'm going to do is go through uh this indict go through this indictment and just read it up to you as um and there isn't much to explain you know this indictment Narrows the scope of the story and presents Donald Trump as the candidate and the office seeker and also reiterates and uh it sort of brings into Starker relief then in the indictment that what Donald Trump was doing was not part of his official duties because election matters are not part of official duties so I'm going to go down the whole indictment and sort of read to you parts of it that I find to be uh important and relevant here we go defendant Donald Trump was a candidate for the president of the United States in 2020 he lost the 2020 presidential election despite having lost the defendant who was also the incumbent president was determined to remain in power so for more than two months following election day on November 3rd 20120 the defendant spread lies that there had been outcome determinative fraud in the election that he had actually won these claims were false and the defendant knew that they were false but the defendant used this campaign to repeat and widely disseminate them anyway to make his knowingly false claims appear legitimate create an intense National National atmosphere of mistrust and anger and erode fate in the administration of the election so at the very beginning it's going to sound a lot like the first indictment but there are parts of it where uh Jack Smith brings up that you know Donald Trump as a candidate and as a citizen was exercising these private rights and employing private co-conspirators not not people who were part of the whole uh part of Donald Trump's official Administration with the exception of uh his chief of staff they were you know all private uh actors so defendant as a candidate and citizen had a right to speak publicly and even falsely that there was outcome determinative fraud and he had the right to challenge them which he did his efforts to change the outcome of any state through contest audits or legal Alles were uniformly unsuccessful shortly after election day the defendant also pursued unlawful means of discounting legitimate votes and subverting the election results in doing so the defendant defendant perpetrated three criminal conspiracies a conspiracy to defraud the United States by using dishonesty fraud and deceit to impair obstruct and defeat the LA lawful federal government function by which the results of the presidential election are collected and counted and certified by the federal government which is in violation of 18 USC section 371 B another conspiracy to corruptly obstruct and impede the January 6 Congressional proceeding at which the collected results of the presidential election are are counted and certified in violation of 18 USC section 1512 K and conspiracy against the right to vote and have one's vote counted in violation of 18 USC section 241 each of these conspiracy targeted a Bedrock function of the United States federal government the nation's process of collecting Counting and certifying the results of the presidential election from here on it will be known as federal government function you know in in future reference when I say federal government function I mean the bedro function of the United States government that the nation's process of collecting counting and certifying the results of the presidential election in furtherance of his conspiracies defendant tried to enlist the vice president he did knowingly combine conspire Confederate and agree with co-conspirators known and unknown to the grand jury to defraud the United States by dishonesty fraud and deceit to impair obstruct and defeat the federal government function by which result of the presidential election are collected counted and certified by the federal government this may sound like an echo of the indictment original one because it is the purpose of the the purpose of the conspiracy was to overturn the results of the 2020 presidential election by using knowingly false claims of election fraud to obstruct the federal government function by which those results are collected counted and certified defendant enlisted conspir co-conspirators none of whom were government officials during the conspiracies and all of whom were acting in a private capacity so it is important this this is a newer turn of phrase that uh Jack Smith brings into the superseding indictment where the prosecutor points out that none of the co-conspirators mentioned in the indictment were government officials they were also not acting in any government capacity they were acting in private capacity and that's what this case turns on and this is after the presidential immunity ruling in the Supreme Court co-conspirator one was a private attorney two was a private attorney three was a private attorney five was a private attorney co conspirator six was a private political consultant so through state laws each of the 50 states in the district of Colombia chose to select their electors based on the popular vote in the state the ECA required each state to formally determine or ascertain the electors who would represent the state's voters by casting electoral votes on behalf of the candidate who had won the popular vote and required the executive of each state to certify to the Federal government the identities of those electors then on the date said by the ECA the ascertained the state's ascertained electors were required to meet and collect the results of the presidential election cast the electoral votes based on their State's popular vote and to send their electoral votes along with the state's executive certification that there were States legitimate electors to the United States Congress to be counted and certified in an official proceeding finally the Constitution and the ECA required that on the 6th of January following election day the Congress meet in a joint session for a certification proceeding presided over by the Vice President as the president of the Senate this Federal government function from the point of ascertainment to the certification is the foundational is foundational to the United States Democratic process and until 2021 had operated in a peaceful and orderly manner for more than3 years so then have a quick drink of water then the prosecution goes into to the manner and means in which uh the defendant violated the law the defendant and co-conspirators used knowingly false claims of election fraud to get state legislators and election officials to to subvert the legitimate election results and change electoral votes for the defendant's opponent Joseph R Biden J junor to electoral votes for the defendant that is on the pretext of the baseless fraud claims defendant pushed officials in certain states to ignore the popular vote disenfranchise millions of Voters dismiss legitimate electors and ultimately cause the ascertainment of and voting by illegitimate electors in favor of the defendant the defendant and co-conspirators organized fraudulent slate of election in seven targeted States Arizona Georgia Michigan Nevada New Mexico Pennsylvania and Wisconsin attempting to mimic the procedures that the legitimate electors were supposed to follow under the Constitution and other federal and state laws this included causing the fraudulence electors to meet on the day appointed by the federal by federal law on which legitimate electors were to gather and cast their votes cast fraudulent votes for the defendant and signed certificates falsely representing that they were legitimate electors some fraudulent electors were tricked into participating based on the understanding that their votes would be used only if defendants succeeded in outcome determinative determinative lawsuits within their state which the defendant never did and we learn later on in the indictment that defendant knew very well and the co-conspirators knew very well at the time that they were uh telling these electors these lies that they their votes would only be counted counted if there was an outcome determin of change was actually lying to these electors as well and a lot of them in good faith believe Donald Trump and Donald Trump's co-conspirators the defendant and co-conspirators then called fraudulent lectors to transmit their false certificates to the Vice President in his capacity as president of the Senate and other government officials to be counted at certification on January 6th the defendant and co-conspirators attempted to enlist the Vice President in his ceremonial role as president of the Senate at the January 6 certification proceeding to fraudulently alter the election results when that f failed on the morning of January 6 defendant and co-conspirators repeatedly know repeatedly sorry repeated knowingly false claims of election fraud and gathered supporters falsely told them that the vice president had the authority to and might alter the results and direct them to the capital to obstruct the certification proceedings and exert pressure on the vice president to take the fraud fraudulent actions he had previously refused after it became public on the afternoon of January 6 that the vice president as the president of the Senate would not fraudulently alter the election results a large and Angry Crowd violently attacked the capital and halted the proceeding as the violence ensued the defendant and co-conspirators exploited the disruption by redou efforts to Levy false claims of election fraud and convince members of Congress to further delay the certification based on those claims so I am reading and it may sound like a repetition of the indictment original one because it's a superseding indictment and a lot of the facts are true the reason why it's a superseding indictment is because it Narrows the scope of the indictment and makes it so that the actions that are being described in this indictment are narrowly focused into the defendants private actions and actions that are not part of the defendant's official duties the defend the defendant was was unnoticed that his claims were untrue he was told so by those who invested in his re-election including his own running mate and his campaign staff federal and state courts rejected every outcome determinative postelection lawsuit filed by the defendant co-conspirators and their allies State officials issued public statements dispelling the defendants and co-conspirators myth of widespread election fraud National Association of secretaries of State at National Association of state election directors and other organizations issued a statement on behalf of several coordinated entities declaring the 2020 election to be the most secure American election the most secure in American history and that there was no evidence that any voting system deleted or lost votes changed votes or was in any way compromised the defendant continued to make false claims nonetheless with deliberate disregard for the truth including through his Twitter account through the conspiracies although the defendant sometimes used his Twitter account to communicate with the public as president in his presidential capacity about official actions and policies he also regular regularly used it for personal purposes including to spread knowingly false claims of election fraud exort his supporters to travel to Washington DC on January 6th pressure the vice president to misuse his ceremonial role in the certification proceeding and leverage the events at the capital on January 6th to unlawfully retain power so here Jack Smith talks about the distinction and I believe this will be one of those things that will come up in the evidentiary hearing that the judge will have to decide is whether what he said on Twitter was always his official act but in the Supreme Court's ruling in Trump B USA the Supreme Court's majority rules that it is not just the fact that he's president that makes every conduct of His official presidential conduct the conduct has to be looked at and the purpose of that conduct what was he doing in that conduct as was he operating His official capacity as president of the United States or was he operating in his capacity as a as a private citizen and an office seeker and a candidate and if it's an office seeker and a candidate and a private citizen then those are private Communications that that the a FactFinder will have to determine whether to use or not so I believe this would be one of those things that would come up at the evidentiary hearing uh quick drink of water I want to uh point out at the get-go that this is an indictment that obviously will be litigated there will be discovery on this there will be Witnesses coming out and you know uh solidifying the claims that Jack Smith has brought and of course we're going to hear the opposing counter brief for uh you know denying these claims and bringing up the defenses that Donald Trump has but mind you this process has already happened and now we have come to the point where the Supreme court has said that at the get-go of any indictment against a former president the fact finding court has to go through the EV the evidentiary hearing to determine whether the Acts were official or private and that's why Jack Smith has has uh filed the sup superseding indictment so that it the The Government Can essentially be more judicious and do it in the more time timely manner so the evidentiary hearing is uh not as confusing and long as it would be had the original indictment come into play where every action and every statement would be brought into the evidentiary hearing here the the uh indictment is written in a way as to point out that the functions that were that were being um conducted Ed by the president at the time Donald Trump when he communicated on Twitter both as president and as a private actor so the FactFinder has to determine and and in this case the evid in the evidentiary hearing none of the communication that the president made at that Donald Trump made in his capacity official capacity as president on Twitter can come in but it cannot be said that Twitter a public Forum where he communicated with the public where he was talking about private matters that Talk itself is an official act it's not that talk is a private act and that's what this uh superseding indictment brings into clarity thank you for being here excuse me thank you for for being here I appreciate uh you being here and taking the time this episode is going to be long so I would recommend that you can either fast forward it when this episode is done live streaming uh uh or you know read the indictment because the indictment reading is going to take you longer than this reading of the the summary of it so moving on to the object of the conspiracy to affect the object of the conspiracy the defendant and co-conspirators committed one or more acts set forth below using deceit to get State officials to subvert legitimate election results on November 13 the defendants campaign attorneys mind you these are private attorneys uh no the campaign attorneys are separate from the private attorneys who are co-conspirators but campaign attorneys are also different from from the White House attorneys where he operates in His official capacity so campaign attorneys are working in their in Donald Trump's private capacity as the office Seeker on November 13 The defendant's Campaign attorneys conceded in court that he had lost the vote count in the state of Arizona defendant defendant's campaign advisors had given him just a week week earlier which is the assessment that he had given him just a week earlier so that day the defendant turned to co-conspirator one whom he announced on November 14th would spearhead his effort going forward to challenge election results from that point on defendant and co-conspirators executed the strategy to use knowingly knowing deceit in the target targeted states to impair obstruct and defeat the federal government function including as described below the defendant had no official responsibilities related to any State's certification of the results so it's important to note You Know Jack Smith here points out the defendant had no official responsibilities related to any state certification uh of the election results that power is up to the States yet he went after Arizona where he went after the um Speaker of the House of Arizona and asked him on several occasions to to change the election outcome campaign manager informed him of claim that a substantial number of non-citizens had voted in Arizona that was false 8 days before Arizona's Governor certified the ascertainment of the state's leg uh legitimate electors based on the popular vote the defendant and co-conspirator one falsely asserted among other things that is sub sorry that that a substantial number of non-citizens non-residents and dead people had voted that's not the case defendant and co-conspirators asked the house Speaker of Arizona to call the legislature into session to hold a hearing based on their claims of election fraud the speaker refused on December 1st co-conspirator one met with Arizona speaker co-conspirator one respond when asked the question of if there's evidence of outcome determinative election fraud co-conspirator one responded with words to the effect of we do not have the evidence but we have lots of theories in his campaign speech on January 6th defendant publicly repeated knowingly false claims that that 36 non-citizens had voted in Arizona after the the after uh Arizona house Speaker issued a public statement saying no election is perfect as a Conservative Republican I don't like the results of the presidential election I voted for President Trump and worked hard to reelect him but I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election so you know despite despite Arizona officials coming out and saying no we're not going to change the results Donald Trump still publicly repeated the false claims that noncitizens voted in Arizona and he did so on January 6 at the stop the steel rally then go to Georgia defendant defendant's senior campaign advisor informed the defendant that his claims of large number of dead voters in Georgia were untrue on November 16th the on the defendant's behalf his executive assistant sent co-conspirator 3 and others a document containing bullet points critical to a certain voting machine company writing C attached please c as included or almost as is in lawsuit Co conspir three responded nine minutes later writing it must go in and this is an all caps it must go in all suits in Georgia and Pennsylvania immediately with a fraud claim claim that requires the entire election to be set aside and those States and machines impounded for nonpartisan professional inspection before the lawsuit even was filed defendant retweeted a post promoting it co-conspirators 3 3's Georgia lawsuit was dismissed on December 7th co-conspirator W orchestrated a presentation of a Judiciary subcommittee of the Georgia State Senate with the intention of misleading state senators into blocking the ascertainment of legitimate electors the campaign campaign's attorney an agent of the defendant and co-conspirator one falsely claimed that more than 10,000 dead people in Georgia voted that afternoon a senior advisor to the defendant told defendant's chief of Staff through a text message just FYI a campaign lawyer and his team verified that the 10K supposed dead people in Georgia is not accurate the number was actually 12 another agent of the defendant and co-conspirator one played a misleading excerpt of a video recording of ballot counting at State Farm marinaa in Atlanta and insinuation ated that that it showed election workers counting suitcases of illegal ballots co-conspirator to encourage the legislators to desertify the state's legitimate electors based on false allegations of election fraud the defendant issued a tweet amplifying the knowingly false claims made in co-conspirator once's presentations in Georgia claiming wow Blockbuster testimony taking place right now in Georgia ballot stuffing by Dems when Republicans were forced to leave the large Counting Room plenty more coming but this alone leads to an easy win of the state so Donald Trump was you know spreading these lies as he was being told that they were lies and you know uh the fact that what was um you know the this alarm about you know impounding State machines and and you know that involved the doj and that involved uh you know talking to the doj and we see in this indictment that there is no reference of doj officials in their official capacity or unofficial capacity so Jack Smith has taken those context out of this superseding indictment so those issues won't come up at the evidentiary here hearing moving forward have a quick drink of water thank you very much for being here and um as I have said this is going to be a longer episode and I'm at 30 minutes already so uh please stick around and or come back but I'm doing this for several more than one reason first is reading the indictment and showing where it's different from the first indictment and the second is what I think is has been my civic duty from day one which is to tell people what the facts are because we don't know if there's going to be an evidentiary hearing or not it has been now several months and Donald Trump has successfully delayed and the Supreme Court has helped Donal Trump delay this case so the trial doesn't happen before the election now we don't even know whether the uh evidentiary hearing will have happen before the election so I want to read this indictment and I want to re remind every American who's you know listens to this to really go back to what happened and what Donald Trump did and how far he went and how close he came to to Smashing our democracy to taking power and he tried every means possible including violent means as we will read in this indictment on December 8th the defendant PA the Georgia attorney general to pressure to pressure him to support an election lawsuit filed in the Supreme Court by another State's Attorney General which sought to invalidate election results in certain targeted States like Pennsylvania and I I believe that was the Texas Attorney General's Ken Paxton's uh lawsuit that was thrown out by the Supreme Court the Georgia attorney uh the Georgia attorney general told defending that officials had investigated various claims of election fraud in the state including the state F allegations and were not seeking evidence to and were not seeing evidence to support them the following day presented by co-conspirator to the defendant not as president but in his capacity as a candidate for office moved to intervene and join the state attorneys General's lawsuit on December 11th the Supreme Court denied the suit so the following day represented by co-conspirator 2 the defendant not as president but in his capacity as candidate for office mind you the Dual roles here of Donald Trump because he was incumbent president at the time and the office seeker and candidate for office so also on December 8th a senior campaign advisor who spoke with the defendant on a daily basis and had informed him on multiple occasions of various fraud claims were untrue expressed frustration and many of Co of poens bitter one and his legal team's claims could not be substantiated with respect to the persistent false claim regarding State Farm Marina the supree the the senior campaign adviser wrote in an email when when our research and legal team can't back up any claims made by our Elite Strike Force legal team you can see why we are zero and 32 on our cases I'll obviously hustle to help on all fronts but it's tough to own any of this when all just conspiracy beamed down from the mothership when it's all just conspiracy beamed down from the mother so you know you are seeing here separation from Donald's campaign staff and advisers and the co- conspir spirator who Rudy Giuliani is co-conspirator one and I forget who the others are Ken chesbro is part of it John Eastman is part of it I think Jenna Ellis maybe one of them uh and I think Sydney Powell maybe also part of it uh I don't know who else uh in that Elite Strike Force legal team so here we see a Discord but but remember campaign attorneys are still operating as Donald Trump's uh private capacity as office Seeker not office holder on December 10th co-conspirator appeared to appear co-conspirator one appeared at a hearing before the Georgia House of Representatives government Affairs committee co-conspirator one played the State Farm video again and falsely claimed that it showed voter fraud right in front of people's eyes and was the tip of the iceberg then he cited two election workers by name baselessly accused them of quite obviously surreptitiously passing around USB ports as if they were vials of heroin or cocaine and suggested that they were criminals whose places of work their homes should have been searched for evidence of ballots for evidence of USB ports for evidence of voter fraud thereafter the two election workers received numerous death threats here we're talking about Ruby Freeman and sheas we know the facts as they stand right now Rudy juliani owes millions of dollars to Ruby Freeman and sheas and he better pay up he's gone to the last inch uh to not pay up but now he has come to a point where he's selling his real estate to pay his legal debts and I hope Ruby Freeman and sheas get what is long overdue and get the money out of rud Giuliani so that's what I'm sorry s of take you away from the indictment but that's what here we're talking about is co-conspirator one talking about Ruby Freeman and sheas on December 30th mind you this is happening the state level and the co-conspirators these co-conspirators are private attorneys these uh the the conversations happening with State officials where Donald Trump has no official responsibility or any power to do anything about the election results he has the lawful means and he has lost all the lawful means at this point on December 31st the defendant signed a verification affirming false election fraud allegations made on his behalf in a lawsuit filed in his capacity as a candidate for president against the Georgia governor and Secretary of State in advance of the filing co-conspirator 2 acknowledged in an email that he and the defendant had since signing a previous verification been made aware that some of the allegations and the evidence proferred by the experts had been inaccurate and that signing a new affirmation with that knowledge in incorporation by reference would not be accurate the defendant and co-conspirator to cause the defendants signed verifications to be filed nonetheless so that's a conspiracy coming to fruition a mini conspiracy going on right there within all of I mean each of these acts are conspiracy torial acts when they are false election fraud allegations and Donald Trump knowingly signs a verification affirming that false allegation on January 2nd his Chief of Staff Mark Meadows who sometimes handled private and campaign related logistics for the defendant mind you this is important to point out because we're talking about the chief of staff to the president of the United States but he was also working in a place where he handled private and campaign related Logistics so it couldn't be possible for any of this information to get to Donald Trump in the Oval Office if Mark Meadows was not in in in in sort of knowledge of it he had actual knowledge of it or constructive knowledge of it defendant Trump his chief of staff and private attorneys involved in the lawsuit against Georgia Secretary of State called the secretary of state so here Mark Meadows is working with Donald Trump but talking to a state representative along with Donald Trump's private attorneys about elections over which Donald Trump has no Authority during the call the defendant lied to the Georgia Secretary of State to induce him to alter georg's popular vote and call into question the validity of the Biden elector votes which had been transmitted to Congress weeks before so you see that it's not just he wasn't just talking about electors F fake electors going there and sending their fake votes he was also on the other side this parallel conspiracy of uh changing the popular vote in Georgia so his fake electors would then become legitimate electors it's it's it it it was a multi-pronged effort multipronged effort he called Ruby Freeman and shamas professional vote scammer and hustler in response Secretary of State refuted this you're talking about the State Farm video I think it's extremely unfortunate that co-conspirator one or his people they sliced and diced that video and took it out of context when the Georgia Secretary of State then offered a link to the video that would disprove co-conspirator 1's claims Rudy giuliani's claims the defendant responded I don't care about that link I don't need it I have a much better link so that's very Donald Trump thing to say then he talked about the 5,000 dead dead people when the actual number was two talked about out of state voters when everyone we have been through are people that lived in Georgia moved to a different state but then moved back to Georgia legitimately they moved back years ago this is not something just before the election in response to multiple other allegations Georgia SEC State Council told the defendant that the Georgia Bureau of investigation was examining all such claims and finding no merits to them so he then talked about the 11,700 votes and you know he just needs those votes and then you're going and then then he threatens the Secretary of State you know the George so he asks for those 11,780 votes and says that the Georgia Secretary of State and his council could be subject to criminal prosecution if they failed to find election fraud as he demanded stating are you going to find that there there they are which is totally illegal it's it's it's more illegal for you than it is for them because you know that they and you're not reporting it that's criminal you know that's a criminal offense essentially he's threatening uh I mean reading Donald Trump's talk is is sort of disorienting because listening to him talk is disorienting so imagine reading it uh so next day on January 3rd defendant falsely claimed that George secret secretary of state had not addressed the defendants allegations publicly stated that Georgia's Secretary State was unwilling or unable to answer questions such as ballots under table scam ballot ballot destruction out of state voters dead voters and more he has no clue so then he repeated these lies and the dead voter uh that the 10,000 dead people voted in Georgia on January 6 going to Michigan on no so Jack Smith here goes through these these states and what Donald Trump did and I want to go through them with you simply because it is important for us to know in this historic indictment of what Donald Trump did in his private capacity to derail the proper certification of electoral votes and also to undermine State procedures so much so as to plug in 11,000 votes on Donald Trump's favor to be able to say that he won Georgia think about that think about the extent to which Donald Trump went to changed the outcome of the election that he lost and he would not give up despite his campaign advisors telling him otherwise and the nightman can talk about the campaign advisors because they are not Donald Trump's official capacity lawyers th those would be his White House lawyers the only person that Jack Smith refers to in this indictment who is uh an you know an official official who would fall under the rubric of a subordinate official to the uh president of the United States that one only person is the chief of staff Chief of Staff mind you is not required to be nominated by the Senate also the chief of staff is kind of like every piece of information that gets to the president goes through the chief of staff and here Jack Smith makes it clear that in the Georgia Hall Mark Meadows was talking to the Georgia secret secretary of state was in on that call with Donald Trump's private attorneys and they were talking about election matters he didn't have the authority to talk about election matters and he was enlisting his private attorneys and there were no White House officials who were involved in that call Quick water break going to Michigan on November 20th 2020 just three days before Michigan's Governor signed the certificate of ascertainment notifying the federal government that based on the popular vote Biden's electors were to represent Michigan's voters the defendant held a meeting in the Oval Office with the speaker of Michigan House of Representatives and the majority of leader majority leader of the Michigan Senate defendant incl included in the meeting by phone the RNC chairman who joined only briefly and cens spitter won R juliani Donald Trump and Rudy Giuliani raised false fraud claims including of an legitimate vote dump in Detroit in response the Michigan SE Senate Majority Leader told the defendant that he had lost Michigan not because of fraud because but because the dependent had underperformed with certain voter populations in the state and then the speaker and the majority leader issued a public statement saying the Senate and the O house oversight committees are actively engaged in a thorough review of Michigan's election process and we have fate in the committee process to provide greater transparency and accountability to our citizens we have not yet been made aware of any information that would change the outcome of the election in Michigan and as legislators legislative leaders we will follow the law and follow the normal process regarding Michigan's electors just as we have said throughout this election on December 4th Rudy Giuliani sent a text message to Michigan House of Representatives reiterating his unsupported claims of election fraud on December 7 despite having established no fraud in Michigan co-conspirator one sent a text intended for the Senate Majority Leader so I need you to pass a joint resolution from Michigan legislature that states that election is in dispute there is an ongoing investigation by the legislature and the lectors sent by Governor Whitmer are not the official electors of the state of Michigan and do not fall within the safe harbor deadline of December 8th under Michigan law on December 14th Michigan House of Representative Senate majority announced that contrary to defendants requests they would not desertify the legitimate elections or electors in Michigan Michigan's Senate majority leaders public statement included we have not received evidence of fraud on a scale that would change the outcome of the election in Michigan on January 6th Donald Trump publicly repeated his knowingly false claim regarding the illicit dump of more than a 100,000 votes in Detroit so then we go to Pennsylvania on November 11 defendant publicly malign the Philadelphia City Commissioner for stating on the news that there was no evidence of widespread fraud in Philadelphia as a result the Philadelphia City Commissioner and his family received Deb threats on November 25th the day after Pennsylvania's Governor signed the certification of ascertainment and thus certified to the federal government that Biden's electors were the legitimate electors of the state Rudy Giuliani orchestrated an event at a hotel in Gettysburg attended by state legislators Rudy Giuliani falsely claimed that Pennsylvania had issued 1.8 million absentee ballots and received 2.5 million in return in the days thereafter a campaign staffer wrote internally that co-conspirators allegations were just wrong and there's no way to defend it so you see here again a Discord between the co-conspirator Rudy Giuliani and campaign staffer who's saying that there is no evidence of election fraud on December 6th after four Republican leaders of the Pennsylvania legislature issued a public statement that the general assembly lacked the authority to overturn the popular vote the defendant retweeted a post labeling the legislators cowards on January 6 defendant publicly repeated the noly false claims that there had been 205 more votes than voters in Pennsylvania going to Wisconsin on February 29th the recount in Wisconsin showed that defendant actually lost by a larger margin so the recount proved that it had increased defendants margin of defeat on December 14th the Supreme Court rejected an election challenge by the campaign one Justice wrote nothing in this case casts any legitimate doubt that the people of Wisconsin lawfully chose pres Vice President Biden and SE Senator Harris to be the next leaders of our country that same day so sorry going back on Jan on on December 21st as a result of the state's Supreme Court decision the Wisconsin governor who had signed a certificate of ascertainment on November 30th identifying Biden's electors as State's legitimate elector signed a certificate of final determination in which he recognized that the Supreme Court had resolved a con a conspiracy regarding the appointment of Biden's electors and confirmed that Biden had received the highest number of votes in the state and that his electors were State's legitimate electors so here we have Wisconsin's Governor pushing back against this fraudulent movement of Donald's conspiracy on the same day defendant issued a tweet repeating his knowingly false claim of election fraud and demanding then Wisconsin legislature overturned the results overturned the election results that had led to the ascertainment of Biden's electors as the legitimate electors so when a state is won the electors of that winner goes to vote at the Electoral College so here Donald Trump Trump was actually trying to talk you know so Discord and show election fraud in each of these states so as to change the popular vote and then there was a parallel case of the El the Electoral uh vote that he was trying to uh shift you know by sending the fake electors in place while these litigations were going on so as to delay the certification process this whole thing was an engine moving to stop the certification of votes and for President Biden to take power it's it's a you know and on January 6 defendant publicly repeated knowing the false claims that there had been tens of thousands of law unlawful votes in Wisconsin so the this indictment I'm reading this and this may be a verbose episode but I'm doing this because it is important for us to see what Donald Trump did to be reminded of what Donald Trump did the last time when he lost the election we are seeing that Donald Trump's AIDS and allies are working right now to say that the election that'll happen in November is rigged and is trying to get fake electors to be in charge of elections in the various States so as to corrupt the election process we I we are revisiting this superseding indictment and I'm reading as much of it as I can without reading the whole thing and you know sort of uh that would be going a little overboard with you know giving you you know we're all already at an hour so I'm doing my best to keep it short but I believe that people need to know this then Jack Smith goes on to the section of the defendants use of dishonesty fraud and deceit to organize fraudulent slate of electors and caus them to transmit false certificates to Congress on December 20th he and cen's defendant and Co conspirators developed a new plan to Marshall individuals who would have served as defendants electors had he won the popular vote in the seven targeted States and caused those individuals to make and send to the vice president in Congress false certifications that they were legitimate electors under the plan the submission of these F these fraudulent slates would create a fake controversy at the certification proceeding and position the vice president presiding on January 6 as president of the Senate to supplant legitimate election s with defendants fake electors and certify the defendant as the president the defendant had no official responsibilities related to convening of legitimate electors or signing and mailing of their certificates of vote mind you he had no power in engaging with State officials in election matters and he has no official responsibilities in Rel ated to convening legitimate electors but he did it nonetheless the plan capitalized on ideas presented in memoranda drafted by co-conspirator 5 Kenneth chesbro who was the first person to come up with the fake elector plan an attorney who was assisting the defendants campaign with legal efforts related to a recount in Wisconsin so there were there was the Wisconsin memo that advocated that because of the ongoing recount in Wisconsin defendants electors there should meet and cast the votes on J on December 14 the day the ECA required to preserve the alternative of the defendants Wisconsin Lector slate in the event defendant ultimately prevailed in the state so then they implement this whole thing and send it out to the various States the fraud the you know the on December 6 there the fraudulent electors memo and you know it highlights that the these electors Donald's electors would uh would have to meet and mimic as best as possible the actions of the legitimate Biden electors that on January 6th the Vice President should open and count the fraudulent votes setting up a fake controversy that would derail the proper certification of Biden as President elect so then there's the fraudulent elector instructions which was the December 9th memorandum that included instructions on how fraudulent electors could mimic leg uh legitimate electors and noted that in some states it it would be virtually impossible for the fraudulent electors to successfully take the same steps as leg legitimate electors because state law required formal participation in the process by state officials or access to State resources so the knowledge of corruption the intention the corrupt intention that is necessary in the conspiracy is being developed here by Kenneth chesbro and the defendant were talking about instructions of how to create these fake electors so they could the real electors because they were they were the real electors based on the popular vote and defendant was actively present defendant's campaign took Wisconsin memo and expanded it to any state that the defendant claimed contested on December 6 defendant and co-conspirator to called RNC chairwoman R McDaniel to ensure that the plan was in motion during the call co-conspirator 2 told R McDaniel that it was important for the RNC to help defendant campaign gather electors in targeted States and falsely represented to her that such electors would be used only if ongoing legislation in one of the states changed the results in defendant's favor after the RNC chairwoman consulted the campaign and heard that work on Gathering electors was underway she called the report called and reported this information to the defendant who responded approvingly so R McDaniel is not a co-conspirator because she was told that these electors would only be used in the case that the litigation that was ongoing in those States would be inde defendant's favor when we learned that that when we later learned that that was never the their their intention on December 7th co-conspirator received the Wisconsin memo and the fraudulent Lector memo rud Giuliani spoke with co conspirator 6 regarding attorneys who would assist the fraudulent elector effort in the targeted States and he received from co-conspirator 6 an email identifying attorneys in Arizona Georgia Michigan Nevada New Mexico Pennsylvania and Wisconsin on the next day December 88th co-conspirator 5 called Michigan uh sorry Arizona attorney on cope conspirator 6's list in an email after the call the Arizona attorney recounted his conversation with co-conspirator 5 as follows I just talked to the gentleman who did that memo which is Ken chesbro his idea is basically that all of us in all the states have our electors send in their votes even though the votes aren't legal under federal law because they aren't signed by the governor so that the members of Congress can fight about whether they should be counted on January 6th they could potentially argue that they're not bound by federal law because they're their Congress and make the law Etc kind of wild creative I'm happy to discuss my comment to him that I guess there's no harm in it legally at least that is we would just be sending in fake electoral votes to Pence so that someone in Congress can make an objection when they start counting votes and start arguing that the fake votes should be counted so here we have the you know the Arizona attorney who was consulted on this case sort of laying out what their legal non theory is at co-conspirator 1's Direction go conspirator 5 sent two points of contact in all targeted States except Michigan the streamlined memo and the fraudulent election elector instructions along with fraudulent elector certificates that he had drafted I mean Kenne chesbro just sort of went you know and and and and Rudy Giuliani sort of are in this mess as as much as Donald Trump quick drink of water thank you for being here I really appreciate it and I will try to keep it as short as possible let let's see if it can be done in the next half an hour [Music] now the next day on December 11th through Co conspir 5 co conspirator one suggested that Arizona lawyer file a petition of Sir shiari in the Supreme Court as a pretext to the claim that litigation was pending in the state co-conspirator 5 had explained that co-conspirator one had heard from a state official that the that the state provisional elector that it could appear treasonous for the Arizona electors to vote on Monday if there was no pending court proceeding so they were sort of you know making it up as it goes and saying yeah just file a lawsuit so we can say there's a court proceeding pending you know there's no sort of valid claim or case and controversy just file the lawsuit to manage the plan in Pennsylvania co-conspirator 1 co-conspirator 5 and co-conspirator 6 participated in a a conference call organized by the defendants campaign with the defendants electors in that state when the defendants electors expressed concern about signing certificates representing themselves as legitimate electors Rudy Giuliani falsely assured them that their certificates would be used only if the defendant succeeded in litigation subsequently co-conspirator 6 circulated proposed conditional language to that effect for potential inclusion in the fraudulent elector certificate co-conspirator 5 sent co-conspirator 1 an email memorandum that furtherance that further confirmed that the co-conspirators plan was not to use the fraudulent electors only in the circumstance that the defendants litigation was successful in one of the targeted States instead the plan was to falsely present the fraudulent slates as an alternate to the legitimate slates at congress's certification proceeding okay so here Kenneth chesbro sent Rudy Giuliani an email that further confirmed that their plan was not to use the fake electors only in the circumstance that Donald's leg litigation was successful in the states where the election was being contested but the plan was instead to falsely present the fraudulent slates as an alternative to the state slates at Congress certification proceeding so pretty much saying that we're lying to these people you know we're including them in our conspiracy but we are lying to these people uh the deputy campaign manager responded here's the thing the way this has morphed it's a crazy plan so I don't know who wants to put their name to it the senior adviser wrote certifying illegal votes on December 13th at the campaign staffers request Co Kenneth chesboro drafted and sent a fraud elector certificate sorry Kenne chesbro drafted and sent fraudulent elector certificates for the defendants electors in New Mexico defendants campaign filed an election challenge suit in New Mexico 6 minutes before noon deadline of the elector votes as a pretext so that they could that so that there was pending litigation there at the time of when fraudulent voters fraudulent electors voted December 14th legitimate electors from all the 50 states formally cast their votes for president resulting in a total of 232 votes for Donald Trump the defendant and 3 six for president-elect Biden on the same day at the direction of Donald Trump and Rudy Giuliani defendant and Co and co-conspirator one fraudulent electors convened sham proceedings in seven targeted states to cast fraudulent electoral ballots in favor of the defendant in some states in order to satisfy legal requirements set forth for legitimate State electors under state law state officials were were enlisted to provide the fraudulent electors access to the state capital building so they could gather and vote there in many cases however as cens sprader 5 had predicted in the false uh and the fraudulent elector instructions the fraudulent electors were unable to satisfy legal requirements unlike those of fraudulent electors consistent with the ECA the legitimate electors signed their certificates were Annex sign certific sign certificates were annexed to the state's Executives certificates of ascertainment before being sent to the president of the Senate and others on the on the evening of the 14th chairwoman forwarded to the defendant through his ex through his executive assistant an email titled election recap cap final which represented that six contested States the de the defendants electors had voted in parallel to Biden's electors the defendant's executive assistant responded it's in front of him so you know sort of uh that conspiracy that leg of the conspiracy comes to fruition you know that at the same time as the real electors were casting their votes in these contested States four electors uh Donald's electors were casting their fake votes water the defendants attempt to enlist the next section the defendants attempts to enlist the vice president fraudulently to fraudulently alter the election results at the January 6 certification proceeding as in the original indictment Jack black Smith goes through every single time that there was an effort to contact uh vice president uh Mike Pence and push him to fraudulently pressure him to fraudulently alter the results uh when his efforts failed defendant attempted to use a crowd of supporters that had gathered in Washington to pressure Mike Pence to fraudulently alter the results on December 19th there was the Tweet about the January 6 B there will be wild this is in Donald Trump's capacity as uh office Seeker not as office holder on January 23rd he retweeted operation Pence uh Pence card which falsely asserted that vice president could among other things unil Ally disqualify legitimate electors in the targeted Six States he couldn't on December 25th calling to say Merry Christmas he pressured the vice president again and the vice president says you know I don't think I have the authority to change the outcome and despite that at the big protest rally he went on and talked about how Don how the vice president had the authority to do so on January 4th Donald Trump held a meeting with Co conspir true vice president vice president chief of staff and vice president's counsel the defendant's White House Council did not attend so from the defendant side it was co-conspirator to representing him and them talking about electoral matters about which they had no uh Donald Trump had no responsibility or as vice president Trump uh uh vice president pence in his capacity as president of the Senate and speech or debate clause doesn't protect Mike Pence here because he's talking to the executive so this is one of those places where there will be a contest contest about it and Donald Trump will lose because you cannot talk to you cannot assert speech or debate clause protection while talking to the exec it's meant to keep uh you know officers of Congress safe from an overreaching executive not to communicate with the executive during the meeting as reflected in vice president's contemporaneous notes the defendant made knowingly false claims of election fraud including bottom line one every state by hundreds 100,000 votes hundreds of thousands of votes and we won every state the defendant co-conspiracy co-conspirator 2 then asked the vice president to either unilaterally reject the legitimate electors of the seven Target States or send the question to the states to determine whether they were legitimate when the vice president challenged co-conspirator 2 on whether the proposal to return the question to the States was defensible co-conspirator 2 responded well nobody has tested it before the vice president then told the defendant did you hear that even your own councel is not saying I have that Authority defendant responded that's okay I prefer the other suggestion of the vice president rejecting the votes unilaterally so here you have them talking about something that Donald Trump has no authority over he's talking about as a candidate talking about as a office seeker and he's talking to vice president pence in his capacity as president of the Senate so speech or debate clause does not protect him here either on the morning of January 5th defendant at the defendant's direction the Vice President Chief of Staff and vice president Council again met with co-conspirator 2 co-conspirator 2 John I think it's John Eastman now advocated that President do what the defendant had said he preferred the day before unilateral Al reject electors for from the targeted States during this meeting co-conspirator to privately acknowledged to the vice president's Council that he hoped to prevent judicial review of his proposal because he understood it would be unanimously rejected by the Supreme Court the vice president's Council expressed to co-conspirator to that following through with the proposal would result in disastrous situation where the election might have to be decided in the streets and the same day defendant encouraged supporters to travel to Washington January 6th and he set the false expectation that vice president had the authority that he may be able to change the votes when nothing is true when that is not true also January 5th defendant met alone with vice president when the vice president refused to agree to defendant's request he that he used his position of president of the Senate to obstruct the certification defendant grew certifi uh frustrated and told vice president that the defendant would have to publicly criticize him upon learning this Vice President Chief of Staff concerned for the vice president's safety and alerted the def the head of vice president's Secret Service detail think about that think about the fact that a threat by the the vice president's boss is causing the Vice President Chief of Staff to talk to the vice president's Secret Service detail to make sure that the vice president the vice president is safe on January 6 starting in the morning morning defendant turned again to knowingly false statements aiming at pressuring vice president he falsely claimed that vice president would come through uh call from Mike uh Mike Pence to send it back falsely stated that states want to correct their votes all Mike Pence has to do is send it back to the states do do it Mike this is time for extreme courage so then then you have you know as he learns that that is not going to happen at 11:15 vice president was called again by Donald Trump Pence was called by Donald Trump and Pence refused and you know it didn't stop it didn't stop until even at the stop the steel rally Donald Trump talked about how Mike Pence did not do that and Mike Pence had not uh voted accordingly and you hear hang Mike Pence chance everywhere shortly at 1M on January 6 Vice President issued a public statement explaining that his role as president of the Senate at the certification proceeding did not include unilateral authority to determine which electoral votes should be counted on the floor of the House of Representatives the Vice President in his role as president of the Senate began the certification proceeding at approximately 111 the vice president opened the certificates of uh of vote and certificates of ascertainment that the legitimate electors from for the State of Arizona had mailed to Washington consistent with the e CA after the congressman and Senator large objection to the Arizona certificates the House and Senate retired to their separate Chambers for objection a mass of people broke through the barriers cordoned off cordoning of the capital grounds and advanced on the Capal building including by violently attacking Law Enforcement Officers trying to secure it beginning at one 130 the defendant who had returned to the White House after concluding his remarks settled in the dining room off of the Oval Office he spent much of the afternoon reviewing Twitter on his phone while the television in the dining room showed live events at the capital at approximately 2:20 p.m. the official proceeding had to be H the proceed official proceeding hav been interrupted staffers evacuating from the Senate carried with them the legitimate elector certificates of votes and their governor certificates of ascertainment the house was also forced to recess so this is an important Point here that H what would have happened had they left those because they you know Donald's uh Foot Soldiers made it into the house Chambers so what would have happened what would have happened with would be that they would have taken those and burned those so it's it's like it's harrowing even thinking about talking about it now because it's just to think of how close we came and at 220 the staffers evacuated the CER the certificates and the certificates of ascertainment Donald Trump issued a public tweet at 224 intending to delay the uction delay and obstruct the certification saying Mike Pence did not have the courage to do what should have been done to protect our country and our constitution giving States a chance to certify a corrected set of facts not the fraudulent or inaccurate ones which they were asked to previously certify USA demands the truth right after that the Secret Service was forced to evacuate Donald Trump sorry the vice president Mike Pence and there were chance throughout the capital to hang Mike Pence wear his Pence bring him out Trader Pence so while this was happening at after this was happening even after this happened co-conspirator one was calling members of Congress to find a way to delay the certification Rudy Giuliani was calling five Senators co-conspirator six was calling six US senators you have co-conspirator one leaving voicemail that we need you we we need you to delay it until tomorrow you and and this is after the Insurrection and and then saying coken SP one uh saying that vice president's actions had been surprising and asked the senator to Senator to object to every state and kind of spread this out a little bit like a filibuster so it's like stop the proceeding telling members of Congress to stop the proceeding No Authority as in His official capacity and clearly a criminal offense of a conspiracy layers and layers and layers of it and the attack obstructed and delayed certification for six hours later on the joint recession convened at 11:35 p.m. and at 3:41 a.m. on January 6th on January 7th at 3:41 a.m at January 7th vice president announced the certified results of the 2020 presidential election in favor of Biden so this is the indictment and then there's the counts each of the counts uh count two being the conspiracy to obstruct count count uh three being actually obstructing um and count for being deprivation of Rights of all our rights to vote and to have our votes counted and you see in this that they are that Jack Smith has narrowed this case to conduct that is private to campaign conduct to private co-conspirators so there's not just a Discord between the campaign staff who are not working in Donald Trump's official capacity working in Donald Trump's candidate uh capacity office seeking capacity there's a divide between them and the uh the co-conspirators who are named as co-conspirators in the indictment you see that there is a conspiracy happening at each level that has to be connected with one and the other and the other and these co-conspirators are orchestrating all of it lying to uh the electors saying that we will only use your El uh elector signatures if we win in court when they don't have any intention of doing that and the email memorandum stating that is a clear example of an instance of corrupt intent you know and and every single time uh Donald Trump goes on with the false claims knowing their false claims there's corrupt intent there and they are not official acts and they don't fall anywhere in the Ambit of Donald Trump's official acts and I believe that this indictment will shorten the evidentiary hearing because any indictment against a former president according to USA versus Trump has to go through an evidentiary hearing to see that there are official Acts Jack Smith has very very carefully taken out interactions with officials except for with Mark Meadows about um or or the transference of information from what from the assistant to uh Donald Trump saying that R McDaniel said this uh and communicating with Ron McDaniel that's his assistant and then there's Mark Meadows with the exception of that there's no doj there's no Talk of the doj um meeting there's no talk of there's actually no talk of that big willb wild uh the big meeting that happened before will be wild where it was insane and you know campaign officials were campaign officials and Donald's White House officials and his Elite Strike Force Team were uh all in there Jackson has taken that out and you can see that even without it there's so much information and so much Criminal action and you can see much clearer that Donald Trump's of Donald Trump's efforts to subvert the election so with that said I'm going to stop now and just say that this is four or five minutes shorter than the uh first indictment video so please fast uh hasten the video to uh increase the speed of my talking because I generally talk slowly and here I was reading like a lot of legal statements so thank you very much and I will talk to you soon