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A new filing from Special Counsel Jack Smith will allow former President Donald Trump to begin building his defense in the federal election subversion case.
Smith's office filed a legal document on Tuesday alerting U.S. District Judge Tanya Chutkan to which evidence prosecutors plan to introduce at the trial regarding charges that Trump attempted to overturn the results of the 2020 election. Smith plans to present evidence that pre-dates and post-dates Trump's alleged criminal actions "to establish his motive, intent, preparation, knowledge, absence of mistake, and common plan," according to the nine-page document.
Trump was indicted on four counts in August, accused of attempting to overturn his 2020 presidential election loss to President Joe Biden in the run-up to the January 6, 2021, siege on 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. Trump also has maintained his innocence in three other criminal cases.
The recent filing gives Trump's legal team certainty on the evidence Smith will present at trial, but it also indicates that Smith could use evidence not directly related to the criminal charges.
"The federal rules of evidence allow the judge to admit such evidence if it meets certain criteria, one of which is giving the defendant notice," former federal prosecutor and elected state attorney Michael McAuliffe told Newsweek. "The government's approach appears to be it has no interest in hiding or holding back its evidence until trial. That might help the defendant prepare for trial, but the government's early disclosure of evidence also helps ensure the trial goes forward next March as planned."
Newsweek reached out to Trump's campaign via email on Tuesday for comment.
What's in Smith's Filing?
Smith plans to introduce evidence showing Trump's history of "baselessly claiming election fraud," according to the filing.
"For example, as early as November 2012, the defendant issued a public tweet making baseless claims that voting machines had switched votes from then-candidate [Mitt] Romney to then-candidate [former President Barack] Obama," the filing said.
Smith also plans to present a history of Trump's statements in which the former president allegedly didn't commit to a peaceful transfer of power, including when he told a reporter that "there won't be a transfer, frankly; there'll be a continuation," in September 2020 after receiving questions on the topic.
Other evidence includes instances where Trump allegedly "sidelined advisors and officials who told him or the public the truth about the election results, and who pushed back on his false claims" and Trump's alleged encouragement of violence, including when he told members of the Proud Boys, a far-right extremist group, to "stand back and stand by" during a presidential debate on September 29, 2020.
Smith's filing comes days after Chutkan ruled that Trump does not have immunity from criminal charges regarding his activities as president, rejecting his bid to have the case dismissed.
Trump is the front-runner for the GOP nomination in the 2024 race to the White House. Many recent polls show he is neck-and-neck with Biden, the likely Democratic nominee, meaning that the two candidates could face off once again in November.
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About the writer
Anna Skinner is a Newsweek senior reporter based in Indianapolis. Her focus is reporting on the climate, environment and weather ... Read more