How Explosive Roger Stone Video Could Be Used Against Trump

An unearthed video featuring longtime Donald Trump ally Roger Stone could provide key evidence for prosecutors investigating fake elector schemes if it can be proven the former president's allies were aware of the illegality of the plot, according to a legal expert.

On Wednesday, MSNBC played a clip of Stone discussing a plan to install fake electors who could say that Trump had won in states in 2020 where he had lost, on the basis the results were rigged "though fraud."

Stone also described the need to "lobby" Republican figures to support the plan, an allegation Trump is accused of doing in both Special Counsel Jack Smith's federal investigation and Fulton County District County Fani Willis election interference probe in Georgia.

The footage, which was captured by Danish filmmaker Christoffer Guldbrandsen for his documentary A Storm Foretold, was recorded on November 5, 2020, two days before Joe Biden was officially declared the winner of the last election.

The clip could potentially lay doubts on the former president and his inner circle's claims that the fake electoral plot to falsely declare that Trump won in seven states—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin—was carried out on the basis that they believed that last election was rigged due to voter fraud as Stone was discussing such a scheme even before Trump officially lost to Biden

Michael McAuliffe, Florida attorney and former federal prosecutor, said the plot Stone was recorded discussing "mirrors almost exactly" what actually occurred in the key swing states and explained how it could be used to implicate Stone in the criminal investigations into the schemes involving the former president. Stone has been contacted for comment via email.

"It's important to note that Trump—so far—isn't running away from the efforts to create alternative slates of electors supporting him," McAuliffe told Newsweek.

"In fact, most of the individuals involved the fake elector plan, whether it's in Georgia or Pennsylvania or elsewhere, defend the effort. What the January 6th and the Georgia RICO prosecutions need is for participants in the elector replacement plot to testify that the plan was illicit and that the other participants who have already been charged knew the allegations of fraud were conveniently fabricated in order to achieve the goal of retaining Trump as president," McAuliffe added.

"The prosecutors would benefit from 'insiders' coming clean as cooperating witnesses in the trials. One way to accomplish that is some of the defendants pleading guilty to the charges, or some of the charges, and cooperating."

The fake electoral plot is a key focus of inquiry in Smith's federal investigation into attempts to overturn the 2020 election, in which Trump has pleaded not guilty to four charges, as well as Willis' expansive election interference probe, where the former president and 18 others have been indicted under RICO charges.

During the footage, Stone—who has not been officially implicated in any criminal investigation involving the fake elector plot—is seen dictating to an associate a plan to overturn the election results if they were "illegally" denied to Trump.

"Although state officials in all 50 states must ultimately certify the results of the voting in their state, the final decision as to who the state legislatures authorize be sent to the electoral college is a decision made solely by the legislature," Stone said in the clip, which had been edited for clarity.

"Any legislative body may decide on the basis of overwhelming evidence of fraud to send electors to the Electoral College who accurately reflect and reflect the president's legitimate victory in their state which was illegally denied him through fraud.

"We must be prepared to lobby our Republican legislatures by personal contact and by demonstrating the overwhelming will of the people in their state in each state that this may need to happen," Stone said.

Speaking to MSNBC, former federal prosecutor John Flannery said he "absolutely" considers the newly obtained footage incriminating for Stone and Trump's inner circle.

"They knew that he'd lost the election before it was announced, and that's why they began these initiatives then. And in the weeks and months beforehand, they had to know what was going on," Flannery said.