In a Monday filing, the federal team led by Special Counsel Jack Smith drew a series of evidentiary connections between former President Donald Trump and the violence that enveloped the Capitol on January 6, 2021, and the prosecution says evidence proving this link is coming at trial.
The context is the criminal case brought by Smith accusing Trump of threatening the 2020 election results followed by a motion from the Trump team to strike certain language related to January 6 from the indictment — a request the feds were opposing.
A key argument from prosecutors was that evidence related to the actual events of January 6 and Trump’s connection to them establishes necessary context for the alleged conspiracies in which Trump engaged that targeted the election. That context includes the real-world consequences of his remarks — tied to his inciting comments by a slew of individuals who actually perpetrated the violence — and indications of the ex-president’s intent drawn from his general behavior. And the prosecution said that the mere suggestion of guilt on Trump’s part from the evidence outlined in the indictment shouldn’t be considered enough to remove the targeted language.
“Evidence of the actions at the Capitol is also relevant and probative of the defendant’s motive and intent before, on, and after January 6—the day that each of the defendant’s criminal conspiracies came to a head—and provides necessary context for the criminal conduct with which he is charged,” prosecutors said.
And at trial, the court might hear from actual participants in the January 6 violence tying their actions to Trump’s encouragement.
“This evidence will include video evidence demonstrating that on the morning of January 6, the defendant encouraged the crowd to go to the Capitol throughout his speech, giving the earliest such instruction roughly 15 minutes into his remarks; testimony, video, photographic, and geolocation evidence establishing that many of the defendant’s supporters responded to his direction and moved from his speech at the Ellipse to the Capitol; and testimony, video, and photographic evidence that specific individuals who were at the Ellipse when the defendant exhorted them to “fight” at the Capitol then violently attacked law enforcement and breached the Capitol,” the government said.
It’s the separately established fact that individuals who were present for that speech Trump gave in D.C. that day then joined the violence in D.C. Read more at this link.
