Jack Smith’s Unsealed Brief Exposes a Violent MAGA Playbook Americans Will Likely Have to Confront Again

The brief does an incredible job outlining how Trump and his cronies wielded targeted harassment, threats, and incitement to violence strategically all through their attempt to overthrow the election.
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Words matter Photo credit: DonkeyHotey / WhoWhatWhy (CC BY-SA 2.0) See complete attribution below.

This week, a judge unsealed a legal brief from Special Counsel Jack Smith. In the document, Smith lays out his case against Donald Trump, and why Trump shouldn’t have immunity from prosecution. Smith tells a compelling story, piecing together details in a damning timeline. Smith makes the case that Trump knew he’d lost the election but didn’t care and was planning to hold onto power anyway, at one point telling his daughter and son-in-law: “It doesn’t matter if you won or lost the election. You still have to fight like hell.”

The brief does an incredible job outlining how Trump and his cronies wielded targeted harassment, threats, and incitement to violence strategically all through their attempt to overthrow the election. The day after the election, as the Trump campaign is sending folks to disrupt vote counting in key states a Trump campaign staffer instructs “Make them riot,” after being told violence at a Detroit location is imminent.

The most chilling aspect of all of this is Trump’s sustained pressure campaign on Mike Pence to become a co-conspirator by refusing to certify the election. Trump threatens Pence with harassment and violence both in private and on Twitter. When Trump learned that Pence had to be moved to a secure location — due to the rioters Trump incited having breached the Capitol Building and chanting “Hang Mike Pence” — his response was to say “So what?” Mere minutes later, alone in a room with only Fox News and Twitter for company, Trump tweeted an attack on Pence, further endangering the former Vice President and everyone at the Capitol Building with him.

As I’ve said many times before, Trump and his cronies aren’t interested in winning elections but in seizing power by any means necessary. Donald Trump deploys threats and harassment without a second thought and incites violence toward anyone who gets in his way. This is who Donald Trump is; everyone still supporting his campaign knows this and is OK with it.

Here’s the good news. Trump’s playbook hasn’t changed. No matter the election results, we know that Trump will try to declare himself the winner anyway. We know what his allies will attempt to do in the states. We know his media strategy and his social media strategy. 

There’s a tendency to think about all of this with fear and dread, but I consider it a strategic advantage. MAGA’s playbook never changes, and pro-democracy advocates, Civil Society, and Harris’ political operation have all been preparing for the inevitable. This latest brief from Smith is yet another data point that can be used in our own planning.

READ: Election Officials Across the Country Prepare for Threats with Panic Buttons, Bulletproof Glass

I’ll end by encouraging everyone, myself included, not to fall into cynicism and accept the notion that Trump won’t be held accountable for his crimes. The primary reason for Trump’s second run seems to be an attempt to avoid jail time. He’s been convicted guilty already and even with six SCOTUS thumbs on the scale, Jack Smith seems confident he can win at trial. Four years ago, I wouldn’t have believed Trump would ever be prosecuted, and now look where we are. If Trump loses the election, more guilty verdicts are likely in his future. He’ll spend his twilight years in courtrooms and potentially be incarcerated. 

This is an excerpt from Ctrl Alt-Right Deletea newsletter produced in partnership with COURIER — a civic media company. It was republished with the author’s permission. Subscribe HERE.

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Melissa Ryan

Melissa Ryan is the author of Ctrl Alt-Right Delete, a newsletter devoted to covering the rise of far-right extremism, white nationalism disinformation, and online toxicity, delivered on a weekly basis to more than 16,000 subscribers. Her writing has appeared in publications such as The Progressive, Buzzfeed News, Refinery29, NowThis, and Media Matters.

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