🎙️ Voice is AI-generated. Inconsistencies may occur.
Donald Trump will discover on Monday what crimes and bad acts he is being accused of in his election fraud case.
The government has to file a Federal Rule of Evidence 404(b), in which it must notify a defendant of "other crimes, wrongs, or acts" they are accused of committing and for which they have not been charged.
Joyce Vance, a former federal prosecutor, wrote on her Civil Discourse blog on Sunday that the chief prosecutor, Jack Smith, will likely focus on Trump's state of mind and his knowledge that his claims of election fraud would lead to violence and unrest.
"Expect [Smith] to focus on proving Trump's state of mind when it comes to election fraud and the absence of a good faith belief that the path he was setting the nation on would not result in the type of obstructive violence we saw on January 6—in other words, it was no mistake," Vance wrote.
"Expect Jack Smith to have some important evidence he wants to get in under this rubric; this type of evidence is commonly used to show intent or knowledge...At the same time, Smith has to be careful not to overreach and stray into the prohibited 'bad character' territory," she added.
Evidence under 404(b) can't be used to prove "the character of a person," but it can be "for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident," according to the wording of the federal rules of evidence.
The prosecution in a criminal case must provide "reasonable notice in advance of trial" of "the general nature of any such evidence it intends to introduce at trial."
The former president was indicted on four counts in August for allegedly working to overturn the results of the 2020 election in the run-up to the violent January 6, 2021, riot at the U.S. Capitol. He has pleaded not guilty to the charges, including conspiracy to defraud the U.S. government and conspiracy to obstruct an official proceeding.
It is one of four criminal cases Trump is facing while he campaigns as the frontrunner for the Republican presidential nomination. He has also pleaded not guilty to all of the charges in the other cases.
Newsweek sought email comment on Monday from Trump's attorney.
Vance also wrote that 404(b) evidence can't show that "on a particular occasion the person acted in accordance with [their] character."
"In other words, you can't introduce evidence that a defendant is frequently a lying liar to show that they lied on the day in question. Prosecutors can't insinuate that just because a defendant is of bad character, or committed earlier crimes, he must be guilty of the charges against him now."
About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more