Introduction
Prosecutors revealed on Monday that a technical expert reviewed data from the White House phone used by former President Donald Trump and will provide evidence about how he used his phone before the events of January 6, as the prosecutors’ office prepares for a historic criminal trial accusing Trump of an illegal attempt to manipulate the election results.
Key Facts
Jack Smith, the special counsel leading the election-related charges against Trump, announced in federal court late on Monday that his team intends to call the unnamed technical expert to testify during the scheduled trial in the spring.
The Justice Department states that the expert analyzed images and web records from Trump’s phone and another unnamed person’s phone in the weeks following his defeat in the 2020 election, and “specifically identified the time periods when the defendant’s phone was active and the Twitter app was open on January 6.”
It is not clear exactly how prosecutors intend to use Trump’s phone data at trial, but it could provide insight into how Trump spent the tumultuous post-election period and how he used Twitter to communicate with his supporters – the Justice Department’s indictment of Trump is based on several tweets he sent during the events of January 6, including attacks on former Vice President Mike Pence.
Earlier this year, unsealed court documents revealed that the Justice Department also gained access to Trump’s account on the platform formerly known as Twitter after a weeks-long secret dispute between the company and the Justice Department over a search and seizure order.
Forbes reached out to Trump for comment.
Additional Details
The Justice Department also informed the court of other experts expected to testify at the trial. One expert claims to have created a map of Google location data showing individuals heading toward the Capitol on January 6, 2021, after listening to Trump’s speech at the Ellipse. Another expert will testify about how the government obtained that data from Google.
Stunning Fact
Smith’s announcement about the cell phone data came after he asked the Supreme Court to consider the question of whether Trump is immune from criminal prosecution. Trump had argued for the dismissal of his case, claiming he enjoys immunity for any conduct while in office, a claim that both Smith and a lower court judge rejected. It remains unclear whether the justices will intervene in the long-standing question of presidential immunity, but the Supreme Court indicated late on Monday that it would expedite its decision-making process regarding the acceptance of the case.
Main Background
The criminal case alleges that Trump’s weeks-long conspiracy to overturn President Joe Biden’s victory in the election – culminating in the events of January 6 – constitutes a criminal conspiracy. Trump has vehemently denied the allegations and accused the Justice Department of leading a political witch hunt. The trial is set to begin in March, but it is unclear if the trial date will be postponed while Trump claims he is immune from prosecution. Trump faces three other criminal trials: he has been charged by Georgia prosecutors with conspiring to overturn his loss in that state; Smith’s team at the Justice Department has separately charged him with mishandling classified documents; and the Manhattan district attorney has charged him with falsifying business records.
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