"Strongly undermines any claim": Experts say damning NY trial doc could blow up Trump's D.C. defense

Document produced at NY fraud trial shows Trump "actually knew he lost," ex-Mueller prosecutor says

By Tatyana Tandanpolie

Staff Writer

Published November 2, 2023 10:45AM (EDT)

Former US President and 2024 presidential hopeful Donald Trump speaks at Drake Enterprises, an automotive parts manufacturer and supplier, in Clinton, Michigan, on September 27, 2023. (MATTHEW HATCHER/AFP via Getty Images)
Former US President and 2024 presidential hopeful Donald Trump speaks at Drake Enterprises, an automotive parts manufacturer and supplier, in Clinton, Michigan, on September 27, 2023. (MATTHEW HATCHER/AFP via Getty Images)

New York Attorney General Letitia James' team on Wednesday revealed a document in court during Donald Trump's $250 million civil fraud trial that some legal experts say indicates the former president was aware he lost the 2020 election and planned to return to life as a private citizen. The document, according to The Messenger's Adam Klasfeld, shows Trump "restored himself" as trustee of the Trump Organization on Jan. 15 2021, just days before he left office.

"This document could be hugely important to Jack Smith and Fani Willis: it would show that Trump knew, at least as of 1/15/21, that he had not won the election and was returning to his private life & business," former federal prosecutor Andrew Weissmann, who served in special counsel Robert Mueller's office, wrote on X, formerly Twitter. Weissmann elaborated on the document's value during an MSNBC appearance, explaining that, to him, it's evidence that Smith can use because it aligns with what a number of Trump aides have said about times when the former president acknowledged his electoral defeat. "It's very important to Jack Smith because one of the allegations with support is that the former president actually knew he lost. This would be a good document to support that theory," Weissmann concluded. 

The document "[s]trongly undermines any claim that Trump really believed he had [won] (which doesn’t matter anyway, as many, inc me have explained)," Harry Litman, a former U.S. attorney, tweeted. "This is not a guy who’s planning to be president in a week. Not to mention, business first. This will be an important document in several settings."