Special Counsel Jack Smith will present evidence against former President Donald Trump to show his alleged “incitement to violence” that led to the riots at the Capitol on January 6, 2021.
The court filing made public Tuesday details the evidence Smith will present at the former president's federal trial in an attempt to connect him to the protesters and expose his knowledge of “foreseeable consequences.”
The proposed evidence “is not to prove the defendant's criminal propensity, but to establish his motive, intent, preparation, knowledge, absence of mistake and common plan,” prosecutors working for Smith alleged filing.
Smith detailed six different categories of evidence he plans to introduce that will establish Trump sent protesters “to the Capitol to achieve the criminal goal of obstructing congressional certification.”
“As set forth in the indictment, the defendant's criminal conspiracies were based on his false claims of voter fraud,” the nine-page filing states. “At trial, the Government will present a series of public statements made by the defendant prior to the charged conspiracies, stating that there would be fraud in the 2020 presidential election. These statements sowed distrust in the results of the presidential election and lay the foundations for the accused's criminal efforts”.
Special Counsel Jack Smith's Roadmap to Donald Trump's Historic Criminal Election Conspiracy Trial Will Include Evidence Spanning Over TEN YEARS
Filed in @cbsnews =====> pic.twitter.com/fy8W2KKKfG
— Scott MacFarlane (@MacFarlaneNews) December 6, 2023
The filing stated that Trump “repeatedly refused to commit to a peaceful transition of presidential power if he lost the election” and stated that evidence would be provided to show “this refusal as intrinsic evidence of the defendant's criminal conspiracies because shows his plan to remain in power at any cost, even in the face of potential violence.”
One of the categories of evidence will allegedly cover Trump's “Attacks on persons, incitement to violence and knowledge of foreseeable consequences.”
“At trial, the Government will present evidence of this conduct, including public approval and encouragement of the defendant's violence, and will also seek testimony from witnesses about the threats and harassment they received. after the defendant addressed them in relation to the 2020 election.” Smith's prosecutors detailed.
The case noted that “evidence of the defendant's encouragement of violence and the consequences of his public attacks are admissible to allow the jury to consider the credibility and motives of witnesses who may be the continuing victims. of the defendant's attacks.”
Trump's support for the January 6 rioters is being sought as a motive, according to one category of evidence.
“The Government plans to introduce evidence at trial showing that in the years since the January 6 attack on the Capitol, the defendant has openly and proudly supported individuals who criminally participated in obstructing Congressional certification that day, even suggesting that he will pardon them if he is re-elected, even though he has acknowledged that he had the ability to influence his actions during the attack,” the filing says.
“However, the defendant has financially supported and celebrated these criminals, many of whom assaulted law enforcement on January 6, by promoting and playing their recording of the national anthem at political rallies and calling “hostages,” he added.
Smith's planned list of evidence must be approved by Judge Tanya Chutkan before the jury trial begins.
Trump spokesman Steven Cheung called the special counsel a “mess” in a statement.
“Crooked Joe Biden, Deranged Jack Smith and the rest of the Hacks and Thugs trying to interfere in the 2024 election are so desperate to attack President Trump that they are perverting the course of justice by trying to include claims that cannot be found anywhere else in their false accusation dreamed up,” Cheung said, according to CNN.
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