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Colorado Points to “Smoking Gun” Email in Trump Administration Lawsuit

Daily Legal Briefing by Daily Legal Briefing
August 25, 2026
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Colorado Points to “Smoking Gun” Email in Trump Administration Lawsuit
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“The purpose of this call is to prioritize Colorado for the purposes of ensuring grants and federal support that are in line with Administration priorities,” a White House aide reportedly wrote.


Attorneys for the State of Colorado say that a recently-released series of White House emails could serve as key evidence in a lawsuit alleging that the Trump administration sought to restrict the state’s access to federal funding over political differences.

According to CBS News, the email “surfaced” during an August 11 discovery hearing and was later made the subject to extensive discussion in federal court. An official transcript obtained by a CBS News affiliate in Colorado indicates that the judge overseeing the case described the email in “striking terms.”

“I’ve never seen anything like it,” the judge said. “I’ve never even imagined something like it.”

The lawsuit, notes CBS News, accuses the Trump administration of orchestrating an “unconstitutional scheme to attack and punish the state” over new election-security policies and the prosecution of former Mesa County Clerk Tina Peters.

Attorneys for Colorado have since described the email as a “smoking gun,” saying that it supports their claims that actions taken against the state were coordinated by the Trump administration at the highest levels of government.

The transcript indicates that the email itself was sent late at night on December 15 by Emily Underwood of the White House Executive Office. It directed officials from numerous federal agencies—including the Departments of Transportation, Agriculture, Interior, and Energy, as well as the Office of Management and Budget (OMB)—to participate in a conference call later that day. More tellingly, the message told all recipients to prepare to discuss “immediate actions that your department or agency can take with respect to Colorado.”

Image by Brian Turner/Flickr. Retrieved from Wikimedia Commons. (CCA-BY-2.0)

“The purpose of this call is to prioritize Colorado for the purposes of ensuring grants and federal support that are in line with Administration priorities,” Underwood reportedly wrote.

“In key part, she said, ‘please come prepared to discuss immediate actions that your department or agency can take with respect to Colorado. Please do not forward this invitation or include others on the call without discussing with me first,” said attorney David Moskowitz, who is representing Colorado in the lawsuit.

State attorneys say that the email was sent shortly after the president tried to pardon Peters, who was accused of allowing “unauthorized access” to voting machines after the 2020 election; she was sentenced to nine years in prison in 2024 before being granted clemency by Colorado Gov. Jared Polis, a Democrat, in May.

Underwood’s email and the subsequent conference call allegedly preceded what Colorado officials now describe as “weeks of attacks” on the state, culminating in the elimination of millions of dollars in transportation- and energy-related funding; efforts to dismantle the National Center for Atmospheric Research; and the outright denial of disaster-relief assistance.

“The shocking White House email discussed in court earlier this week proves what we have long suspected: the White House orchestrated an unconstitutional scheme to weaponize the federal government to attack and punish Colorado for its lawful decisions over elections and over our criminal justice system,” Colorado Gov. Phil Weiser said in a statement. “We’ll learn more about the government’s revenge campaign plans against Colorado as the Trump administration produces more evidence, as the court ordered. And we’ll keep fighting to uncover the whole truth, stand up for Coloradans, and hold this lawless administration accountable.”

Sources

Colorado cites White House email as key evidence in lawsuit against Trump administration

State lawsuit alleges White House orchestrated campaign against Colorado

White House staffer who sent email targeting Colorado leaves job



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