Donald Trump’s actions to overturn his election loss were “fundamentally” a private endeavor, the special counsel argued.
Former President Donald Trump was “fundamentally” acting as a private candidate for office and not as president of the United States when he sought to overturn his 2020 election loss, special counsel Jack Smith’s team argued in a filing Wednesday that revealed new details of the scheme at the heart of Trump’s federal election interference case.
The filing asserts that Trump knew that the claims he was spreading about the 2020 election were lies, with Smith’s team arguing that Trump didn’t believe his own falsehoods but instead spread them as part of his broader scheme to stay in power.
As officers were being brutally assaulted at the U.S. Capitol on Jan. 6, 2021, Smith’s team says, Trump was scrolling Twitter, according to an analysis by an FBI expert that is among the revelations in the new filing. Smith’s team says a future trial would feature testimony from the FBI forensic expert.
“The phone’s activity logs show that the defendant was using his phone, and in particular, using the Twitter application, consistently throughout the day after he returned from the Ellipse speech,” Smith’s team wrote.
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No, Aileen Cannon is presiding over the case about retaining secret documents in Florida (and IIRC, she’s already dismissed it and that decision is being appealed). This “conspired to overthrow the government” case is in Washington DC and is presided over by U.S. District Judge Tanya Chutkan, who is treating it seriously.