Special Counsel Jack Smith has described former President Donald Trump’s claims of voter fraud in the 2020 election as a pretext for illegally overturning the election. In a surprising move, Trump’s lawyers have reporedly reinforced this narrative in their latest court filing.
Strengthening Prosecutors’ Argument Against Trump’s Claims
This filing may have benefited the prosecutor’s team by reinforcing their stance that Trump’s claims were misleading and lacked solid evidence, reports say.
Report on Voter Fraud Claims
The filing, part of Trump’s appeal for presidential immunity in his federal January 6 case, includes a citation from a social media post by Trump, linking to a report filled with various voter fraud claims.
Unsubstantiated Claims about the 2020 Presidential Election
The report makes several unsubstantiated claims about the 2020 Presidential election, suggesting without evidence that Joe Biden did not legitimately win.
No Evidence of Biden’s Win
The report’s final paragraph states, “In actuality, there is no evidence that Joe Biden won.” However, even voter data expert Ken Block, hired by Trump, said, “If voter fraud had impacted the 2020 election, it would already have been proven. Maintaining the lies undermines faith in the foundation of our democracy.”
Election Over Before Votes Counted
It also presents a series of reportedly disputed assertions, including a claim that the election was effectively over on election night before all votes were counted.
Narrative Ignores Late-Arriving Mail-In Ballots
This narrative overlooks the well-anticipated late arrival of mail-in ballots, particularly from Democratic areas, which was expected to shift the early results.
Allegations Against Fox News
The report also references a footnote accusing Fox News of fraudulently announcing Biden’s win in Arizona on election night.
Report Lacks Credible Sourcing
It further alleges widespread fraud in the Georgia 2020 Presidential Election and makes other claims lacking public availability or credible sourcing.
Debunked or False Claims
The report includes examples of alleged voter fraud in key states, many of which have already been proven false or debunked.
Wisconsin Court’s Ruling on Ballot Drop Boxes
The report mentions the Wisconsin State Supreme Court ruling declaring ballot drop boxes illegal; however, this ruling occurred in 2022 and was unrelated to the 2020 election.
Alleged Late Ballot Acceptance Disproven
In Arizona, it alleges that Maricopa County wrongly accepted 20,000 absentee ballots after the 7 p.m. Election Day deadline. However, fact-checks have pointed out that this claim is based on misinterpreting the dates.
Discredited Claim of Excess Votes vs. Voters
The report alleges that there were more votes than voters in Pennsylvania, a claim frequently based on outdated information from the Statewide Uniform Registry of Electors (SURE). However, this assertion has been discredited well before and long after January 6.
Trump’s Voter Fraud Claims without Evidence
Despite Biden’s clear victory over Trump in the 2020 election, winning the Electoral College with 306 votes to Trump’s 232 and the popular vote by over 7 million ballots, Trump continues to persistently promote voter fraud claims persistently, disregarding evidence to the contrary.
Fraud Allegation and AG Barr Stance
Trump alleged widespread fraud to steal the election, but his Attorney General, William Barr, refuted this assertion by noting that the Justice Department’s investigation did not uncover evidence of the widespread voter fraud.
Suitcases Filled with Fraudulent Ballots
Trump and his allies also asserted that suitcases filled with fraudulent ballots in Georgia led to his election loss, but this claim was also quickly disproven.
Legal Team Stops Short of Endorsing False Claims in Court
Trump’s legal team, however, has stopped short of outright endorsing these claims in court. Instead, they use the report to suggest ongoing disputes and questions about the election results.
Focus on Suggesting Unresolved Issues, Not Proving Fraud
This approach seems to be less about proving actual fraud and more about suggesting the existence of unresolved issues.
Implications for Trump’s Defense
The inclusion of a controversial report in a legal filing is unusual and may not bode well for Trump’s defense strategy.
Creation of a False Narrative
It appears to support the prosecution’s argument that the fraud claims were part of an effort to create a false narrative.
Smith Also Focuses on Trump’s Previous Election Fraud Statements
Jack Smith’s strategy also involves highlighting Trump’s previous claims of election fraud in his case against Trump for the January 6 insurrection.
Ballot Machines Switched Votes from One Candidate to Another
In 2012, Trump claimed that ballot machines switched votes from Republican challenger Mitt Romney to Democratic incumbent Barack Obama. During his 2016 campaign, Trump also asserted that a loss to Democrat Hillary Clinton would be due to fraud.
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