According to a report by Mediaite on Tuesday, December 12, 2023, Special Counsel Jack Smith has unveiled new evidence he plans to use against former President Donald Trump in his upcoming trial for his alleged role in the Capitol riot on January 6.
The evidence comprises cell phone data from inside the White House, demonstrating Trump’s communication and activity during the attack.
Smith filed a notice on Monday, stating that he will call three expert witnesses to testify about the phone data, aiming to prove Trump’s involvement in the conspiracy to defraud the United States, obstruct an official proceeding, and violate the rights of the protesters.
The first expert witness will testify about location history data for Google accounts and devices associated with individuals moving from the Ellipse, where Trump held a rally, to the Capitol building, where the riot occurred. Graphical representations of the data will illustrate the movements toward the Capitol during and after Trump’s speech.
The second expert witness will provide background on how the location data was collected and processed by Google, obtained by the government through a search warrant. This witness will explain how the data helps understand the coordination and timing of the attack.
The third expert witness will testify about the analysis of cellular phone data from the White House, specifically from Trump’s and another individual’s phones (referred to as Individual 1). This witness will detail the extraction and processing of data, including images and websites visited, highlighting periods when Trump’s phone was unlocked and the Twitter application was open on January 6.
This revelation suggests that Trump was actively tweeting and monitoring the situation at the Capitol without intervening to stop the violence.
Smith argues that this phone data evidence supports his claims of Trump conspiring with rioters, inciting and encouraging the attack through his speech and tweets, and violating the rights of lawfully protesting individuals.
Trump’s lawyers have yet to respond to the notice, but they have previously denied Trump’s responsibility in the riot, asserting his constitutional authority and deeming the trial unconstitutional and politically motivated.
The trial is scheduled to commence on January 20, 2024, exactly one year after President Joe Biden’s inauguration.
