Dec 11, 2023 - Politics & Policy

Jack Smith to use Trump's phone data at trial

Combination images of special counsel Jack Smith and former President Trump. Photo: Saul Loeb, Eva Marie Uzcategui/AFP via Getty Images

Special counsel Jack Smith plans to use data from former President Trump's White House cell phone in the federal 2020 election interference case, per a Monday court filing.

The big picture: Smith plans to call an expert witness who has "extracted and processed data," from the phones of the former president and another unnamed person.

  • The witness would also determine the usages of the phones during the post-2020 election period, including on and around Jan. 6, 2021.
  • That includes the periods of time when the Twitter app was open on Trump's phone the day of the Capitol riot, per the court filing.

Zoom out: Trump was indicted in August alleged efforts to overturn the 2020 election and charged with conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

  • He pleaded not guilty to all charges.
  • Representatives for Trump did not immediately respond to Axios' request for comment.

What's next: The federal 2020 election trial is scheduled to start on March 4, the day before Super Tuesday.

Go deeper: Jack Smith asks Supreme Court to weigh Trump's immunity argument

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