Special Counsel Report: Trump Tried To Void 300K Philadelphia Votes
Jack Smith says contents of Scott Perry’s phone “admissible in trial of co-conspirators”
January 14, 2025
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Jack Smith says contents of Scott Perry’s phone “admissible in trial of co-conspirators”
President-elect Donald Trump and his team attempted to declare 300,000 votes in the City of Philadelphia unlawful and illegal in his quest to remain in power, according to the 174-page report released today by special counsel Jack Smith.
Although the plan was never realized, it was discussed among his most ardent supporters, including Rudy Giuliani, then Trump’s personal lawyer. Giuliani said “their primary objective was to “just flat out change the vote, deduct that number of votes from the – declare those votes, 300,000 votes in Philadelphia, illegal, unlawful. Reduce the number by 300,000.”
The report also states that the evidence collected showed that “Mr. Trump targeted this voting right with precision: he centered his false claims of election fraud on select states, or cities and counties within those states, with large numbers of voters who had not chosen to reelect him.”
President Joe Biden won the Commonwealth by more than 80,000 votes with a 471,000 vote advantage in the city of Brotherly Love.
The release of Smith’s report marks the end of his attempt to convict Trump for trying to subvert the 2020 election results. With Trump poised to return to the White House next week after winning the 2024 election, Smith said it was impossible to pursue the case further due to the longstanding Justice Department policy against prosecuting sitting presidents.
“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind,” Smith wrote. “Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”
Smith did state in his letter to Attorney General Merrick Garland that it was his decision to bring charges against Trump.
“To have done otherwise on the facts developed during our work would have been to shirk my duties as a prosecutor and a public servant. After nearly 30 years of public service, that is a choice I could not abide.”
He also wrote that no one within the Department of Justice ever interfered or improperly influenced his prosecutorial decision making.
“And to all who know me well, the claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable.”
Trump responded with a late-night post on Truth Social.
The special counsel had refuted Trump’s claims in a letter last week to Garland.
“Finally, Mr. Trump’s letter claims that dismissal of his criminal cases signifies Mr. Trump’s “complete exoneration.” That is false. As the Office explained in its dismissal motions and in the Report, the Department’s view that the Constitution prohibits Mr. Trump’s indictment and prosecution while he is in office is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof; o the merits of the prosecution – all of which the Office stands fully behind.”
Smith’s report also covered the Government’s litigating Speech or Debate Clause issues against Rep. Scott Perry (R-10).
“In August 2022, before the Special Counsel was appointed, based on judicial findings of probable cause that evidence of crimes would be found on the personal cell phone of Representative Scott Perry, the Government obtained warrants to seize and search the cell phone of Representative Perry.
Because of United States v. Rayburn House Office Bldg., a case in which the D.C. Circuit held that the Speech or Debate Clause required the government to allow a Member of Congress to review and assert claims of privilege over materials seized from his office before it could access and review the materials, the Government gave Representative Perry a copy of the contents of his phone so that he had an opportunity to claim the Speech or Debate privilege over the materials before the Government accessed them.
“After Representative Perry did so, and after litigation in both the district court and the D.C. circuit, the Government obtained records – including encrypted messages between Representative Perry and Co-Conspirator 4 (Jeffrey Clark) – that it intended to use at trial prior to the Supreme Court’s decision on presidential immunity. Irrespective of that decision, the records would have been admissible in a trial of Mr. Trump’s co-conspirators.”
President-elect Donald Trump and his team attempted to declare 300,000 votes in the City of Philadelphia unlawful and illegal in his quest to remain in power, according to the 174-page report released today by special counsel Jack Smith.
Although the plan was never realized, it was discussed among his most ardent supporters, including Rudy Giuliani, then Trump’s personal lawyer. Giuliani said “their primary objective was to “just flat out change the vote, deduct that number of votes from the – declare those votes, 300,000 votes in Philadelphia, illegal, unlawful. Reduce the number by 300,000.”
The report also states that the evidence collected showed that “Mr. Trump targeted this voting right with precision: he centered his false claims of election fraud on select states, or cities and counties within those states, with large numbers of voters who had not chosen to reelect him.”
President Joe Biden won the Commonwealth by more than 80,000 votes with a 471,000 vote advantage in the city of Brotherly Love.
The release of Smith’s report marks the end of his attempt to convict Trump for trying to subvert the 2020 election results. With Trump poised to return to the White House next week after winning the 2024 election, Smith said it was impossible to pursue the case further due to the longstanding Justice Department policy against prosecuting sitting presidents.
“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind,” Smith wrote. “Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”
Smith did state in his letter to Attorney General Merrick Garland that it was his decision to bring charges against Trump.
“To have done otherwise on the facts developed during our work would have been to shirk my duties as a prosecutor and a public servant. After nearly 30 years of public service, that is a choice I could not abide.”
He also wrote that no one within the Department of Justice ever interfered or improperly influenced his prosecutorial decision making.
“And to all who know me well, the claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable.”
Trump responded with a late-night post on Truth Social.
The special counsel had refuted Trump’s claims in a letter last week to Garland.
“Finally, Mr. Trump’s letter claims that dismissal of his criminal cases signifies Mr. Trump’s “complete exoneration.” That is false. As the Office explained in its dismissal motions and in the Report, the Department’s view that the Constitution prohibits Mr. Trump’s indictment and prosecution while he is in office is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof; o the merits of the prosecution – all of which the Office stands fully behind.”
Smith’s report also covered the Government’s litigating Speech or Debate Clause issues against Rep. Scott Perry (R-10).
“In August 2022, before the Special Counsel was appointed, based on judicial findings of probable cause that evidence of crimes would be found on the personal cell phone of Representative Scott Perry, the Government obtained warrants to seize and search the cell phone of Representative Perry.
Because of United States v. Rayburn House Office Bldg., a case in which the D.C. Circuit held that the Speech or Debate Clause required the government to allow a Member of Congress to review and assert claims of privilege over materials seized from his office before it could access and review the materials, the Government gave Representative Perry a copy of the contents of his phone so that he had an opportunity to claim the Speech or Debate privilege over the materials before the Government accessed them.
“After Representative Perry did so, and after litigation in both the district court and the D.C. circuit, the Government obtained records – including encrypted messages between Representative Perry and Co-Conspirator 4 (Jeffrey Clark) – that it intended to use at trial prior to the Supreme Court’s decision on presidential immunity. Irrespective of that decision, the records would have been admissible in a trial of Mr. Trump’s co-conspirators.”
President-elect Donald Trump and his team attempted to declare 300,000 votes in the City of Philadelphia unlawful and illegal in his quest to remain in power, according to the 174-page report released today by special counsel Jack Smith.
Although the plan was never realized, it was discussed among his most ardent supporters, including Rudy Giuliani, then Trump’s personal lawyer. Giuliani said “their primary objective was to “just flat out change the vote, deduct that number of votes from the – declare those votes, 300,000 votes in Philadelphia, illegal, unlawful. Reduce the number by 300,000.”
The report also states that the evidence collected showed that “Mr. Trump targeted this voting right with precision: he centered his false claims of election fraud on select states, or cities and counties within those states, with large numbers of voters who had not chosen to reelect him.”
President Joe Biden won the Commonwealth by more than 80,000 votes with a 471,000 vote advantage in the city of Brotherly Love.
The release of Smith’s report marks the end of his attempt to convict Trump for trying to subvert the 2020 election results. With Trump poised to return to the White House next week after winning the 2024 election, Smith said it was impossible to pursue the case further due to the longstanding Justice Department policy against prosecuting sitting presidents.
“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind,” Smith wrote. “Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”
Smith did state in his letter to Attorney General Merrick Garland that it was his decision to bring charges against Trump.
“To have done otherwise on the facts developed during our work would have been to shirk my duties as a prosecutor and a public servant. After nearly 30 years of public service, that is a choice I could not abide.”
He also wrote that no one within the Department of Justice ever interfered or improperly influenced his prosecutorial decision making.
“And to all who know me well, the claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable.”
Trump responded with a late-night post on Truth Social.
The special counsel had refuted Trump’s claims in a letter last week to Garland.
“Finally, Mr. Trump’s letter claims that dismissal of his criminal cases signifies Mr. Trump’s “complete exoneration.” That is false. As the Office explained in its dismissal motions and in the Report, the Department’s view that the Constitution prohibits Mr. Trump’s indictment and prosecution while he is in office is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof; o the merits of the prosecution – all of which the Office stands fully behind.”
Smith’s report also covered the Government’s litigating Speech or Debate Clause issues against Rep. Scott Perry (R-10).
“In August 2022, before the Special Counsel was appointed, based on judicial findings of probable cause that evidence of crimes would be found on the personal cell phone of Representative Scott Perry, the Government obtained warrants to seize and search the cell phone of Representative Perry.
Because of United States v. Rayburn House Office Bldg., a case in which the D.C. Circuit held that the Speech or Debate Clause required the government to allow a Member of Congress to review and assert claims of privilege over materials seized from his office before it could access and review the materials, the Government gave Representative Perry a copy of the contents of his phone so that he had an opportunity to claim the Speech or Debate privilege over the materials before the Government accessed them.
“After Representative Perry did so, and after litigation in both the district court and the D.C. circuit, the Government obtained records – including encrypted messages between Representative Perry and Co-Conspirator 4 (Jeffrey Clark) – that it intended to use at trial prior to the Supreme Court’s decision on presidential immunity. Irrespective of that decision, the records would have been admissible in a trial of Mr. Trump’s co-conspirators.”
President-elect Donald Trump and his team attempted to declare 300,000 votes in the City of Philadelphia unlawful and illegal in his quest to remain in power, according to the 174-page report released today by special counsel Jack Smith.
Although the plan was never realized, it was discussed among his most ardent supporters, including Rudy Giuliani, then Trump’s personal lawyer. Giuliani said “their primary objective was to “just flat out change the vote, deduct that number of votes from the – declare those votes, 300,000 votes in Philadelphia, illegal, unlawful. Reduce the number by 300,000.”
The report also states that the evidence collected showed that “Mr. Trump targeted this voting right with precision: he centered his false claims of election fraud on select states, or cities and counties within those states, with large numbers of voters who had not chosen to reelect him.”
President Joe Biden won the Commonwealth by more than 80,000 votes with a 471,000 vote advantage in the city of Brotherly Love.
The release of Smith’s report marks the end of his attempt to convict Trump for trying to subvert the 2020 election results. With Trump poised to return to the White House next week after winning the 2024 election, Smith said it was impossible to pursue the case further due to the longstanding Justice Department policy against prosecuting sitting presidents.
“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind,” Smith wrote. “Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”
Smith did state in his letter to Attorney General Merrick Garland that it was his decision to bring charges against Trump.
“To have done otherwise on the facts developed during our work would have been to shirk my duties as a prosecutor and a public servant. After nearly 30 years of public service, that is a choice I could not abide.”
He also wrote that no one within the Department of Justice ever interfered or improperly influenced his prosecutorial decision making.
“And to all who know me well, the claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable.”
Trump responded with a late-night post on Truth Social.
The special counsel had refuted Trump’s claims in a letter last week to Garland.
“Finally, Mr. Trump’s letter claims that dismissal of his criminal cases signifies Mr. Trump’s “complete exoneration.” That is false. As the Office explained in its dismissal motions and in the Report, the Department’s view that the Constitution prohibits Mr. Trump’s indictment and prosecution while he is in office is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof; o the merits of the prosecution – all of which the Office stands fully behind.”
Smith’s report also covered the Government’s litigating Speech or Debate Clause issues against Rep. Scott Perry (R-10).
“In August 2022, before the Special Counsel was appointed, based on judicial findings of probable cause that evidence of crimes would be found on the personal cell phone of Representative Scott Perry, the Government obtained warrants to seize and search the cell phone of Representative Perry.
Because of United States v. Rayburn House Office Bldg., a case in which the D.C. Circuit held that the Speech or Debate Clause required the government to allow a Member of Congress to review and assert claims of privilege over materials seized from his office before it could access and review the materials, the Government gave Representative Perry a copy of the contents of his phone so that he had an opportunity to claim the Speech or Debate privilege over the materials before the Government accessed them.
“After Representative Perry did so, and after litigation in both the district court and the D.C. circuit, the Government obtained records – including encrypted messages between Representative Perry and Co-Conspirator 4 (Jeffrey Clark) – that it intended to use at trial prior to the Supreme Court’s decision on presidential immunity. Irrespective of that decision, the records would have been admissible in a trial of Mr. Trump’s co-conspirators.”
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