Jack Smith's Mountain of Evidence Against Donald Trump

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Federal prosecutors have gained access to Donald Trump's White House cellphone records and will use them as evidence against him, a new filing in Trump's D.C. election fraud case has shown.

Chief prosecutor Jack Smith announced in the filing that he intends to call three experts to testify about Trump's movements and social media posts during the January 6, 2021, riot at the U.S. Capitol.

The three are identified only as Expert 1, Expert and Expert 3 in Monday's filing—likely because Smith has previously complained of Trump supporters' harassment of witnesses in the case.

The former president was indicted on four counts in Washington, D.C., for allegedly attempting to overturn the results of the 2020 election in the run-up to January 6. Trump 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 that Trump faces while he campaigns as frontrunner for the Republican presidential nomination. He has also pleaded not guilty to charges in the other cases and has repeatedly said that they form part of a political witch hunt.

Former federal prosecutor Joyce Vance said on Tuesday that the announcement of the expert witnesses is "really bad news for Trump."

"Jack Smith got into Trump's phone and the expert who did it will testify to the usage of these phones throughout the post-election period, including on and around January 6, 2021, when a mob of Trump supporters attacked the Capitol," Vance wrote on X, formerly Twitter.

"Sounds like the government will use geolocation data from phones to show how people moved from the Ellipse to the Capitol after hearing Trump speak on January 6 and data from White House phones as well."

Jack Smith mountain of evidence against Trump
Jack Smith has access to Trump's phone and will use it to show his movements during the January 6 riots. Getty/Newsweek

Monday's filing shows that Expert 3 "extracted and processed data from the White House cell phones used by the defendant and one other individual (Individual 1)." Expert 3 also "specifically identified the periods of time during which the defendant's phone was unlocked, and the Twitter application was open on January 6."

Additionally, Expert 3 "reviewed and analyzed data on the defendant's phone and on Individual 1's phone, including analyzing images found on the phones and websites visited."

CBS News reported that Individual 1 is former New York City Mayor Rudy Giuliani, previously Trump's lawyer. Giuliani is one of six unnamed and uncharged individuals in the indictment.

Newsweek reached out to Giuliani's spokesman and Trump's attorney via email for comment.

Smith's filing is a "Government's Summary Of Anticipated Expert Testimony."

Expert 1 appears to be using geolocation software to track rioters' movements and "will testify about his/her use of ArcGIS (Geographic Information Systems) software to create a map of the Google location history data produced in response to a search warrant."

"Specifically, Expert 1 plotted the location history data for Google accounts and devices associated with individuals who moved, on January 6, 2021, from an area at or near the Ellipse to an area encompassing the United States Capitol building.

"His/her testimony will describe and explain the resulting graphical representations of that data, and it will aid the jury in understanding the movements of individuals toward the Capitol area during and after the defendant's speech at the Ellipse."

The notice was submitted by Justice Department attorneys Thomas P. Windom and Molly Gaston on behalf of Jack Smith.

trump new york
Donald Trump speaks at the New York Young Republican Club gala in New York on December 9, 2023. Prosecutors will use his phone data as evidence against him in his election fraud trial. Angela Weiss/Getty Images

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. He has covered human rights and extremism extensively. Sean joined Newsweek in 2023 and previously worked for The Guardian, The New York Times, BBC, Vice and others from the Middle East. He specialized in human rights issues in the Arabian Gulf and conducted a three-month investigation into labor rights abuses for The New York Times. He was previously based in New York for 10 years. He is a graduate of Dublin City University and is a qualified New York attorney and Irish solicitor. You can get in touch with Sean by emailing s.odriscoll@newsweek.com. Languages: English and French.


Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more