MSNBC legal analyst Danny Cevallos has shed light on what could be a game-changing development in the criminal case against former President Donald Trump and Republican National Committee chair Ronna McDaniel. The duo may have inadvertently handed special counsel Jack Smith a pivotal piece of evidence in their alleged attempts to overturn the 2020 presidential election results.
Cevallos, a seasoned legal expert with experience in federal criminal cases, pointed to a recently surfaced recording exposing Trump and McDaniel pressuring Michigan election officials to obstruct the certification of the 2020 election results. He contends that this recording could be utilized by special counsel Smith to establish a pattern of conduct and intent.
Appointed by Attorney General Merrick Garland in February 2023, Smith’s investigation delves into whether Trump and his allies violated federal laws by seeking to overturn election results in various states, including Georgia, Arizona, Pennsylvania, and Michigan.
This criminal case in the nation’s capital stands distinct from civil lawsuits filed by the Department of Justice and voting rights groups, accusing Trump and associates of violating the Voting Rights Act, the Ku Klux Klan Act, and the Civil Rights Act.
Speaking on MSNBC’s “Morning Joe,” Cevallos explained that the Michigan call might be admitted as “prior bad act evidence” under Rule 404-B of the Federal Rules of Evidence. This rule allows prosecutors to introduce evidence of other crimes, wrongs, or acts to establish motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
Cevallos suggested that Smith could use the Michigan call, coupled with evidence from other states, to demonstrate that Trump and McDaniel were not acting in good faith but were part of a larger scheme to undermine the democratic process.
“This is what he was doing elsewhere, this was not a mistake. This is his modus operandi. This all should come in, and it can be devastating evidence,” Cevallos emphasized. “I can tell you personally that bad act evidence that somebody did something else bad somewhere else is devastating and juries — they eat it up.”
The legal expert also highlighted potential additional legal troubles for Trump and McDaniel in Michigan, where Attorney General Dana Nessel has initiated a criminal investigation. Nessel is examining possible violations of state election laws, particularly those prohibiting anyone from influencing, intimidating, or coercing election officials.
Considering whether to charge Trump and McDaniel with racketeering—a felony carrying a maximum penalty of 20 years in prison—Nessel has intensified the scrutiny on the duo’s conduct.
Trump and McDaniel vehemently deny any wrongdoing, dismissing the allegations as a Democratic-led witch hunt. They insist that they were fighting for the integrity of the vote and maintain the election was rigged, despite widespread rejection of these claims by numerous courts, election officials, and former Attorney General William Barr.
The impending court appearance in D.C. scheduled for January 2024 will see Trump and McDaniel face Judge Tanya Chutkan, appointed by former President Barack Obama and known for her past criticism of Trump’s policies and actions. The stakes are high as the legal drama unfolds, revealing intricate layers of a case that could have far-reaching consequences.
