Prosecutors for special counsel Jack Smith in the Jan. 6 federal elections subversion case said former President Donald Trump is looking to "manufacture confusion" in his latest legal effort to claim foreign governments changed votes in the 2020 election.
Smith's team wrote in a 45-page court filing on Saturday night that Trump's request for the government to search for proof that foreign entities were involved in the 2020 election is unnecessary given the prosecution's thorough interviews with over a dozen of the Trump administration's top intelligence officials.
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The officials were asked whether they had found any evidence that foreign governments colluded to penetrate voting systems in 2020, senior assistant special counsel Thomas Windom wrote in the filing.
“The answer from every single official was no,” Windom said.
Windom claimed Trump's requests are intended to continue his spread of election denial claims.
"To create the false impression that there might actually be support for his lies about voting machines, the defendant, without context, threads his filing with discussion of irrelevant network breaches around the time of the 2020 election," Windom wrote. "In doing so, the defendant attempts to manufacture confusion by willfully ignoring the distinction between voting machines (charged in the indictment) and registration websites (not charged in the indictment)."
Prosecutors said intelligence officials unanimously rejected the idea that foreign governments impacted any systems that would have dealt with counting votes or altering the election tally. Instead, Trump intelligence officers said there was evidence of some foreign breaches of state voter registration databases, which were not capable of causing the alleged vote-stealing scheme that Trump has pushed since losing in 2020.
Smith's team said they spoke to Trump's former director of national intelligence, former chief of staff to the National Security Council, and former chairman of the Election Assistance Commission, among others.
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Saturday's filing offered more insight into Smith's investigation into the federal election interference case against Trump, which is being overseen by U.S. District Judge Tanya Chutkan in Washington, D.C. Windom said in the filing that the prosecuting team describes subpoenaing materials and witnesses from the Secret Service and the CISA, as well as nearly every senior official in the Trump administration.
An appeals court on Friday reinstated a gag order restricting Trump's speech about the election case, but the court narrowed the scope to allow him to speak freely about Smith. He cannot make public comments about witnesses in the case when the remarks relate to court proceedings and the investigation into Trump, as well as lawyers, court staff members, or family members of the lawyers or staff.
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