There is a post on the Greatest page, spreading harmful misinformation , with 53 recs.

[onenote]

111. Smith's case actually is not based entirely on Trump wanting a riot on J6.

The superseding indictment and the 165 document in support indicate that the conspiracies to prevent Biden from being declared the winner on January 6 primarily involved knowingly false statements by Trump and his co-conspirators that Trump had won the election and unlawful efforts to get states to decertify the results showing Biden as the winner and/or to certify Trump as the winner, or at least to provide false certifications by alternate slates of electors. The conspiracies also involved a parallel effort to get Pence to violate the law by either sending the certifications back to the states or simply rejecting them. Trump and his co-conspirators knowingly lied about the results in these states and about the status of the certifications in those states as part of the effort to get Pence to act on their behalf in overturning the results of the election. According to Smith, the rally on J6 and Trump's rhetoric was intended to pressure Pence to go along with the conspiracy and that it was only when Pence refused to do so that Trump sought to take advantage of the violence he had riled up to pressure Pence as a means of stopping the count from taking place at all.

In this context, the statement quoted on page 8 of Smith's brief has nothing to do with the decisions Trump made in the immediate run up to, and on, J6 to foment violence to pressure Pence and then, having failed to do so, stop the count. The statement on J6 was made on November 5 in Michigan where the votes were being counted and is referenced in the brief as evidence of the initial plan, which was to pressure states not to certify Biden as the winner and also as evidence that those pushing the states to do so knew that their claims about fraud were false. These false claims ultimately come into play because Trump continues to repeat them both in an effort to get the states to decertify or as part of the conspiracy to send fake elector certifications and, finally, when all else has failed, to rally and incite the mob he had summoned to pressure Pence on j6.

Even if there had not been a riot on J6, Smith still would have a case based on the conspiracies to get the states to act unlawfully and to get Pence to act unlawfully.