©  Jacquelyn Martin, Associated Press file

Special counsel Jack Smith outlined his election subversion case in a monster 165-page filing that reveals new details about how former President Trump and his allies allegedly sought to disrupt the 2020 vote count and alter the outcome of the election.

Trump’s lawyers sought to keep the filing under seal, but U.S. District Judge Tanya Chutkan made the brief public, albeit with key portions redacted or kept under seal.

• Smith’s filing came in response to the Supreme Court’s ruling that presidents retain immunity for official acts.

• The Supreme Court remanded the case back to Chutkan’s court to determine whether it complies with their ruling and should move forward.

In the filing, Smith made the case that’s Trump’s alleged efforts to overturn the election were a “private scheme” conducted by a candidate, rather than an exercise of his core constitutional powers as the sitting president.

Among Smith’s arguments that Trump’s actions were campaign-related, rather than official:

• Trump’s Jan. 6 speech was organized by private individuals and promoted as a campaign rally.

• Trump walked on stage to “Y.M.C.A.” by the Village People, a campaign rally song, rather than the presidential anthem “Hail to the Chief.”

What are the new revelations?

• The filing alleges Trump knew his stolen election claims were false, but that he stoked unrest and schemed to overturn the results anyway. Smith alleges Trump was repeatedly given the “unvarnished truth” by those around him, but that he “made up figures from whole cloth” while co-conspirators “repeatedly changed the numbers in their baseless fraud allegations from day to day.”

• Smith says Trump relentlessly pressured then-Vice President Pence to do whatever he needed to do to steal the election, despite Pence’s repeated brushbacks. Trump then showed disregard for Pence’s safety, telling an aide “so what” amid reports that the vice president had to be taken to a secure location to escape angry rioters.

• Trump’s team is accused of seeking to “create chaos” and “confusion” at polling places where votes were being tabulated. One aide allegedly ordered colleagues to “make them riot” at a vote counting center as part of a plan to undermine the results.

How is Trump responding?

• Trump and his team are furious that the filing was released with just over a month to go before the election, arguing that Trump will not have a chance to defend himself in court against the allegations.

• In an interview with NewsNation on Wednesday in Houston, Trump said: “This was a weaponization of the government … and released 30 days before the election. My poll numbers have gone up instead of down. It is pure election interference.”

• Trump campaign spokesman Steven Cheung called the filing “falsehood-ridden” and “unconstitutional.” 

What’s next?

• The Smith case will not go to trial before the election.

• If Trump wins, it’s expected that his Justice Department will dismiss the case.

• If Trump loses, Smith’s case against Trump could go to trial next year.

Read more:

• 5 revelations from Smith’s filing.

• Tina Peters sentenced to 9 years in prison for voting system scheme.

• Smith provides fullest picture yet of his 2020 election subversion case.
• Smith makes case for prosecution in wake of immunity decision.
• Trump, Pence relationship highlighted in new Jack Smith Jan. 6 filing.

Welcome to Evening Report! I’m Jonathan Easley, catching you up from the afternoon and what’s coming tomorrow. Not on the list? Subscribe here.

• More Gen Z and millennials are running for Congress.

• The Biden administration‘s student loan forgiveness plan got a win in a Georgia court. The administration is also putting $1.5 billion into four electric power projects, including interconnection for Texas’s isolated grid.

• The Maui fire that killed at least 102 people last year was caused by broken power lines thought to have been extinguished earlier in the day.

• A San Diego doctor pleaded guilty in connection with Matthew Perry’s death.

©  AP Photo/Mike Stewart

President Biden and Vice President Harris are juggling a trifecta of tricky domestic and international issues ahead of next month’s election.

The Middle East is on the brink of a wider war; the dock workers strike could cost the economy billions; and search and rescue operations continue across the Southeast after a deadly hurricane.

Any missteps will be magnified ahead of Nov. 5.

Here’s the latest on each front…

Hurricane Helene:

• Biden is in Florida on Thursday for an aerial tour of damage. He’ll then travel to Valdosta, Ga., for a briefing with officials to discuss the federal response. Former President Trump says he’ll visit some of the badly hit areas in North Carolina next week. Trump’s GoFundMe has raised more than $4.5 million for recovery efforts.

• The death toll has surpassed 200, with more than half of those in North Carolina. Hope is fading in the search for the hundreds that are still missing. The Associated Press has a heartbreaking story about grandparents who were found together in an embrace beneath a tree that fell and crushed them in their South Carolina home.

• The hurricane set off a scramble to keep voting on track in North Carolina, one of three battleground states that was badly hit by the storm. Mail service has been disrupted, and thousands are cut off from polling locations.

• Many of the residents who lost their homes didn’t have flood insurance. The Justice Department is warning of scams from those who would look to take advantage of people in need.

Port workers strike:

• It’s day three of the strike, and there are no talks scheduled between the longshoremen’s union and employers. The economic losses are estimated at $5 billion a day, and fears of a supply chain disruption has led to some panic buying.

• Biden and Harris have thrown their support behind the 45,000 striking longshoremen. Biden could invoke a law from 1947 to suspend the strike, but he says he’s not considering it at this time.

• Florida Gov. Ron DeSantis (R), who is worried the strike will impact recovery efforts around Hurricane Helene, deployed the Florida National Guard to affected ports to “maintain order, and if possible, resume operations that would otherwise be shut down during this interruption.”

• Elsewhere, the International Association of Fire Fighters, which backed Biden in 2020, will not endorse anyone in 2024.

Middle East:

• The Biden administration has urged Israel not to strike Iran’s nuclear facilities. However, when asked Thursday if Israel is looking to take out Iran’s oil facilities, Biden said: “We’re discussing that.”

• Sen. Chris Murphy (D-Conn.) accused Israeli Prime Minister Benjamin Netanyahu of election interference, claiming that Israel is escalating tensions in the region to undermine a potential peace deal, which would be a boon to divided Democrats.

• Republicans say Biden’s “weakness” on Iran encouraged the attack against Israel. Trump has accused the Biden administration of leading the U.S. to the brink of a world war.

• Israel’s defiance of Biden in Lebanon is testing U.S. support. However, the U.S. military is playing a key role in defending Israel from Iranian attacks. The Department of Defense said two U.S. naval ships intercepted and destroyed missiles launched by Iran on the eastern Mediterranean Sea on Tuesday.

• Palestinian approval of U.S. leaders is at a record low.

Perspectives:

• The Hill: Defeating Iran’s push for Armageddon.
• Intelligencer: How will Hurricane Helene impact the election?
• The Free Press: In praise of the striking longshoremen.

©  AP Photo/Brynn Anderson

Vice President Harris will campaign in Wisconsin this evening with former Rep. Liz Cheney (R-Wyo.) as the Democratic nominee for president makes the case for disaffected Republicans to cross party lines and vote against former President Trump.

• Harris and Cheney will campaign in Ripon, Wis., which is notable for being the birthplace of the Republican Party.

• Cheney and her father, former Vice President Dick Cheney, are among several high-profile Republicans, former Republicans and Never Trump Republicans out working to get Harris elected.

• Trump has been showcasing his support from former Democrats, such as Robert F. Kennedy Jr. and former Rep. Tulsi Gabbard (Hawaii), who is now independent, who have been pulling big crowds for events in battleground states.

Trump is campaigning Thursday in Michigan, where there are growing signs that Harris may be vulnerable with key groups in the state, including Arab Americans.

• Harris will make stops Friday across Michigan with events in Detroit and Flint. 

• A new coalition, Arab Americans for Harris-Walz, launched Thursday after a poll found Trump with a slight lead in that demographic.

  
  

• Michigan is likely a must-win state for Harris, who leads Trump by only 0.5 percent in The Hill/Decision Desk HQ average.

• The Associated Press writes that Democrats in the state are worried that Harris has failed to define herself there.

…

Former first lady Melania Trump has been cutting a more visible profile in recent weeks as she seeks to draw attention to her upcoming memoir.

Melania Trump writes in her book that she supports abortion rights, according to The Guardian:

“Why should anyone other than the woman herself have the power to determine what she does with her own body? A woman’s fundamental right of individual liberty, to her own life, grants her the authority to terminate her pregnancy if she wishes. Restricting a woman’s right to choose whether to terminate an unwanted pregnancy is the same as denying her control over her own body. I have carried this belief with me throughout my entire adult life.”

Trump and running mate, Sen. JD Vance (R-Ohio), have sought to strike a different tone around abortion in recent days, underscoring the Democratic advantage on the issue.

• Vance said at the vice-presidential debate that Republicans must recalibrate their message on the issue.

• Trump said that he’d veto a national abortion ban.

Perspectives:

• Brookings: In the most important state, the race is a dead heat.
• The Liberal Patriot: The Democrats’ Hispanic voter problem deepens.

Read more:

• Everything is getting politicized in heated Trump-Harris battle.
• Vance-Walz debate draws 43 million viewers.
• Melania Trump: ‘We are dealing with much more danger.’
• Trump says he’d revoke protected status for Haitian migrants.
• Debate performance gives Vance 2028 White House boost.
• Trump campaign says it brought in $160M in September.
• Republicans deploy cash to crack Democrats’ Blue Wall in Senate.

Have we seen the end of cheap money?” by Martin Wolf for The Financial Times.

“How to improve how Congress works,” by Don Wolfensberger for The Hill.

“How the U.S. can dig out from under its debt,” by former Rep. Cheri Bustos (D-Ill.) and Rep. Tom Davis (R-Va.) for The Hill.

33 days until the 2024 general election.   

109 days until Inauguration Day 2025.

Friday

• Harris campaigns in Detroit and Flint, Mich.
• Trump holds a town hall in Fayetteville, N.C.

There a story you think should be getting more attention? Something people should be talking about? Drop me a line: jeasley@thehill.com

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