Ryan Ledendecker
December 6, 2023
11:35 pm

Special Counsel Jack Smith gives notice to court of evidence he wants to use against Trump

Former President Donald Trump faces multiple cases, including two federal indictments and two state-level indictments, totaling over 90 charges. 

According to NBC News, in the federal election interference-related case, Special Counsel Jack Smith gave notice to the court this week regarding the evidence he plans to use to argue his case against the former president.

In a Justice Department filing this week, some of that evidence includes Trump's "consistent plan of baselessly claiming election fraud."

Smith and his team of prosecutors are reaching all the way back to 2012, saying Trump made "baseless claims that voting machines had switched votes from then-candidate Romney to then-candidate Obama."

The outlet pointed out that Trump isn't being charged for claims that far back, but Smith plans to use the claims as evidence in his federal indictment.

Smith, in his argument, said the claims Trump made in 2012 and 2016 are relevant "because they demonstrate the defendant’s common plan of falsely blaming fraud for election results he does not like, as well as his motive, intent, and plan to obstruct the certification of the 2020 election results and illegitimately retain power.”

NBC News noted:

The government frames its argument that way due to the federal rules of evidence. Specifically, rule 404(b) says that evidence of “any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.” However, the rule also says that such evidence can be used to prove “motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.”

Make no mistake -- Smith's notice of the evidence he wants to use doesn't mean the judge overseeing the case will approve it.

It will undoubtedly be challenged by Trump's lawyers, who will likely argue that it's irrelevant to the charges their client faces.

For his part, Trump has argued that Smith's case is nothing more than a political witch hunt.

Trump, who hasn't pleaded guilty to any charges he faces out of the four indictments, insisted that the cases are a weaponization of the justice system against him in order to hamstring his 2024 presidential campaign.

Despite the legal issues, Trump enjoys a dominant lead in the GOP primary polls and is the undisputed frontrunner for the nomination.

Written By:
Ryan Ledendecker

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