Special counsel might use data from a phone Trump used on January 6 in election interference trial

Special counsel Jack Smith may use data during Donald Trump’s election interference trial next year to show jurors when the former president was using Twitter on January 6, 2021, according to a court filing.

Prosecutors with the special counsel’s office said in a court filing Monday that they anticipate calling up to three data experts as witnesses during the election interference trial, which is currently scheduled to take place in early 2024.

Those three individuals, who are not named in the filing, would be able to present technical information to a jury about where certain electronic devices were used, or when certain apps were accessed on a specific phone.

One of the experts, according to prosecutors, can use data from a White House cell phone, which Trump used, to identify “the periods of time during which the defendant’s phone was unlocked and the Twitter application was open on January 6.”

That expert could also present data from cell phones “used by the defendant and one other individual” to show what those devices were doing in the aftermath of the 2020 presidential election, including images found on the phones and websites visited.

The other two experts would use similar phone data to show the crowd’s movement on January 6 during and after Trump’s speech at the Ellipse near the White House in which he exhorted his supporters to march on the US Capitol to challenge the final certification of President Joe Biden’s electoral victory.


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