The Biden administration claimed its prosecutions were independent and fair.
Jack Smith swore he never coordinated with state prosecutors going after Trump allies.
But secret documents exposed one Biden DOJ witch hunt against 2020 Election integrity.
Contingent electors followed legal precedent Democrats used in 1960
The alternate electors for Donald Trump in seven states during the 2020 Election weren't doing anything illegal or unprecedented.
Democrats invented this playbook in Hawaii in 1960 when John F. Kennedy's electors cast contingent votes while Richard Nixon's victory was still being contested in court.
When the Hawaii recount eventually showed Kennedy won, those contingent Democrat electors became the official slate that Congress counted on January 6, 1961.
Trump's legal team advised electors in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin to do the same thing while election challenges were pending.
The Pennsylvania and New Mexico certificates even included explicit language saying the votes should only count if courts ruled in Trump's favor.
That's not fraud.
That's preserving legal rights.
Biden's Justice Department decided this 65-year-old precedent suddenly became criminal when Republicans used it.
Public records prove Biden DOJ orchestrated state prosecutions
Documents obtained by The Daily Signal through public records requests blew the lid off Jack Smith's coordination with Democrat state attorneys general.
Wisconsin's case provides the smoking gun.
On January 7, 2022, Tim O'Shea from the U.S. Attorney's Office for the Western District of Wisconsin sent an email to Wisconsin Deputy Attorney General Eric J. Wilson confirming federal prosecutors wouldn't pursue charges against Trump electors.
The email proves federal and state prosecutors were actively coordinating on who would prosecute what.
They carved up the targets between them like mob bosses dividing territory.
New Mexico's records tell the same story.
Gregory Buhl, a special agent in the New Mexico Attorney General's office, sent Jack Smith a letter on September 7, 2023, requesting "certified copies of all documentation and evidence related to possible criminal acts committed in the state of New Mexico."
That's the Biden Justice Department feeding state cases with federal evidence, witnesses, and legal strategy.
Nevada's Attorney General Aaron Ford went even further by flat-out refusing to release coordination records.
Ford's office admitted the documents exist but claimed releasing them would "undermine the constitutional guarantees of a fair trial."
Ford won't release the records because the coordination was so extensive that exposing it would blow up the prosecution.
Smith's testimony contradicted by documentary evidence
During his December 17 deposition before the House Judiciary Committee, Chairman Jim Jordan asked Smith directly about coordinating with state attorneys general.
"We were not trying to coordinate prosecutions with other offices, no," Smith testified.
But when Jordan pressed him specifically about Wisconsin, Smith's story changed fast.
"We may have got inquiries from their office, and it could be by phone or by a letter. I can't say that didn't happen," Smith admitted.
That's not "no coordination."
That's "yes, we coordinated, but I'm going to use lawyer language to avoid perjury charges."
Smith later claimed "I don't recall us sharing information" while simultaneously acknowledging he had no "recollection" of how many times state offices contacted his team or how they responded.
Jim Troupis, a former Wisconsin state judge and Republican lawyer charged in the case, called Smith's selective amnesia "utterly inconceivable."
"Jack Smith's report shows his team came into Milwaukee and interviewed dozens of people and collected evidence," Troupis told The Daily Signal.
Federal prosecutors don't deploy investigative teams to Milwaukee, conduct extensive interviews, and coordinate evidence collection with state prosecutors by accident.
That's planned legal warfare using the full weight of federal and state power against political opponents.
Biden DOJ used state proxies to avoid presidential pardon power
Presidential pardons only apply to federal charges, not state prosecutions.
Biden's Justice Department found a workaround by coordinating with Democrat state attorneys general to bring charges at the state level where Trump's pardon power couldn't reach.
The electors faced state charges for forgery, impersonating public officials, and attempting to file false documents in Arizona, Michigan, Nevada, and Wisconsin.
Cleta Mitchell, chair of the Election Integrity Network, identified the scheme immediately.
"Obviously, the 'state' prosecutions were mere proxies for the Biden Department of Justice as part of the massive strategy to prosecute President Trump, his supporters, attorneys, and electors," Mitchell told The Daily Signal.
Mitchell argued Trump's Justice Department should file statements of interest in the state cases and "insist that the pardons be effectuated for the reason that they were brought in the first place at the behest of the Biden Department of Justice."
President Trump pardoned more than 70 people involved in challenging the 2020 election in November, including the alternate electors.
Democrat attorneys general in Arizona, Michigan, Nevada, and Wisconsin immediately vowed to continue their state prosecutions despite the federal pardons.
They're betting that judges will accept the legal fiction that these were independent state decisions made without federal coordination.
The public records destroy that fiction completely.
Documents prove coordinated witch hunt
These weren't independent state prosecutions.
They were federally coordinated lawfare deployed through state proxies to jail political opponents while circumventing constitutional limits on federal prosecutorial power.
The same Biden Justice Department that lectured Americans about respecting democratic norms orchestrated a multi-state prosecution scheme targeting people who used the exact same legal strategy Democrats pioneered in 1960.
When Democrats in Hawaii cast contingent electoral votes while Nixon's victory was contested, nobody went to prison.
When Republicans did the identical thing 60 years later, Biden's DOJ coordinated prosecutions across four states.
The documents expose it all.
Jack Smith can claim he doesn't recall coordination.
But his emails tell the real story.
Sources:
- Fred Lucas, "EXCLUSIVE: Documents Show Biden Admin Interaction With Trump Elector Probes," The Daily Signal, February 2, 2026.
- House Judiciary Committee, "Transcript of Jack Smith Deposition," December 17, 2025.
