Trump Phone Data Could Be Used at Trial

Jack Smith reveals plans to do so at election interference trial
By Evann Gastaldo,  Newser Staff
Posted Dec 12, 2023 1:00 AM CST
Special Counsel Plans to Use Trump Phone Data at Trial
Special counsel Jack Smith speaks to the media about an indictment of former President Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington.   (AP Photo/J. Scott Applewhite, File)

Former President Trump's cellphone data could be used at his federal trial on charges of election interference. Jack Smith, the special counsel in the case, said in a court filing Monday that he plans to call an expert witness who "extracted and processed data" from Trump's White House phone, as well as the phone of another unnamed person in his circle, Axios and Politico report. Sources tell CBS News that unnamed person is Rudy Giuliani, who is not charged in this indictment. The legal filing says that the expert witness "specifically identified the periods of time during which the defendant's phone was unlocked and the Twitter application was open on January 6," 2021, when the US Capitol was stormed, and analyzed "images found on the phones and websites visited."

As Politico notes, it's not clear to what extent Smith was able to access Trump's phone, but depending what sort of information he has, the data "could help show whether Trump personally approved or sent a fateful tweet attacking his vice president, Mike Pence, during the Jan. 6 riot at the Capitol." Also Monday, the Supreme Court agreed to consider Smith's request for expedited consideration, and gave Trump's team until December 20 to file a response to Smith's petition, the Daily Beast reports. Smith wants the high court to quickly rule on whether presidents or former presidents are completely shielded from federal prosecution for conduct that took place while they were in office so that the issue is settled before the trial begins—which is scheduled to be March 4, the day before Super Tuesday. (More Donald Trump stories.)

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