Jack Smith Plans to Present Evidence at Trial Showing Trump ‘Baselessly Claiming Election Fraud’ Dating to 2012
Special Counsel Jack Smith’s prosecutors said Tuesday they expect to present evidence at Donald Trump’s upcoming criminal trial showing he spread claims of election fraud dating back to at least 2012 as part of their case to help establish the former president’s motive and intent.
In a nine-page court filing on Tuesday, Smith’s office provided U.S. District Judge Tanya Chutkan with advance notice they planned to offer evidence pre-dating and post-dating Trump’s alleged criminal acts “not to show the defendant’s criminal propensity, but to establish his motive, intent, preparation, knowledge, absence of mistake, and common plan.”
The evidence includes a November 2012 tweet “making baseless claims that voting machines had switched votes from then-candidate [Mitt] Romney to then-candidate [Barack] Obama,” according to the filing, as well as statements from 2016 and 2020 in which Trump allegedly declined to commit to a peaceful transfer of power.
Trump is charged with four federal felonies in the case alleging he obstructed the 2020 presidential election and has pleaded not guilty to all charges. His trial is scheduled to begin on March 4, the day before Super Tuesday when 14 states vote including California, Colorado, North Carolina, Texas and Virginia.
“The defendant’s consistent refusal to commit to a peaceful transition of power, dating back to the 2016 presidential campaign, is admissible evidence of his plan to undermine the integrity of the presidential transition process when faced with the possibility of an election result that he would not like, as well as his motive, intent, and plan to interfere with the implementation of an election result with which he was not satisfied,” prosecutors wrote in the filing.
Prosecutors also expect to introduce evidence showing Trump’s “steadfast support” of rioters who participated in the Jan. 6, 2021 attack on the U.S. Capitol, according to the filing.
That evidence includes Trump’s statement at a September 2020 presidential debate telling the Proud Boys extremist group to “stand back and stand by,” and his support for “individuals convicted of some of the most serious crimes charged in relation to January 6, such as seditious conspiracy and violent assaults on police officers,” prosecutors said.
The court filing on Tuesday was submitted in accordance with a federal rule which makes inadmissible most character evidence regarding acts for which no charges were filed, unless the evidence is used to help prove motive and intent. In order to use such evidence at trial, prosecutors must file advance written notice with the court.
