Special counsel Jack Smith, in a court filing on Tuesday, outlined additional evidence he intends to present during the trial of former President Donald Trump. The charges against Trump relate to his alleged unlawful attempts to overturn the results of the 2020 election, including insights into his state of mind during the January 6 attack on the U.S. Capitol by his supporters.
The filing asserts that the evidence establishes the defendant’s intention for the rioters to disrupt the certification proceeding on January 6. Smith’s office, in the filing, notified the court of various information and testimony aimed at shedding light on Trump’s “motive, intent, preparation, knowledge … and common plan,” although these elements are not direct charges against Trump.
The evidence outlined in the filing encompasses Trump’s statements dating back to 2012, where he made unfounded claims of voting fraud. Prosecutors argue that these statements demonstrate Trump’s consistent plan of falsely blaming fraud for election results he disagrees with. Additionally, the prosecution plans to present statements made by Trump before the 2016 and 2020 elections, where he refused to commit to a peaceful transition of power.
To support the allegation of Trump pressuring state officials to overturn election results, Smith’s office plans to introduce evidence of an unnamed Trump campaign employee who sought to obstruct the vote count in Michigan on Election Day. Texts from the employee allegedly show encouragement of “rioting and other methods of obstruction” at the Detroit convention center.
The filing also mentions evidence of Trump and a co-conspirator’s efforts to retaliate against a former chief counsel of the Republican National Committee who publicly rejected Trump’s claims of a stolen 2020 election. Additionally, evidence will be presented regarding Trump and his allies’ attacks against Georgia election workers Ruby Freeman and Shaye Moss.
Smith’s filing indicates that evidence of Trump’s vocal support for Jan. 6 defendants, including specific members of the Proud Boys, will be used to demonstrate his awareness of their actions and ongoing approval of their actions at the Capitol. This includes financial support to the “Jan. 6 Prison Choir,” comprised of Jan. 6 defendants who attacked police.
The filing also highlights Trump’s August plea of not guilty to charges related to a “criminal scheme” to overturn the 2020 election results. Trump has consistently denied any wrongdoing, describing the charges as a “persecution of a political opponent.” The trial is currently scheduled for March 4.
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