Prosecutors disclosed late Monday that federal investigators have obtained records of White House cell phone usage, including one belonging to former President Donald Trump. These documents may be used as evidence in the special counsel’s trial concerning the 2020 election.
A technical witness who looked through the phone for usage information “throughout the post-election period” may be called to testify during the trial, according to special counsel Jack Smith, even though it’s still unclear exactly what the prosecutors obtained and how much of Trump’s prior online behavior is explained by the White House cell phone records.
In a court document, Smith identifies this individual as “Expert 3,” stating that they “extracted and processed data from the White House cell phones used by the defendant and one other individual (Individual 1).” The third expert “specifically identified the periods of time during which the defendant’s phone was unlocked and the Twitter application was open on January 6.”
The lawsuit further states that the witness “reviewed and analyzed data on the defendant’s phone and on Individual 1’s phone, including analyzing images found on the phones and websites visited.”
Trump entered a not guilty plea to four felony counts brought against him by the prosecution, including conspiracy to defraud the United States for his purported attempts to obstruct the handover of power. Rudy Giuliani, the former attorney for Trump, has been identified by CBS News as “Individual 1” in both the indictment and this filing. He is one of the indictment’s six unidentified and uncharged parties.
The former president has criticized Smith’s indictment as being driven by politics and denied any misconduct in the matter. An inquiry on the new court records was not immediately answered by a Trump campaign spokesperson.
The submission on Monday was made in response to a court order requesting details about any expert witnesses that the parties intended to call in connection with the federal trial that is scheduled to start on March 4, 2024. Prosecutors talked about two more expert witnesses they want to call who will utilize digital data to explain the crowd’s movement on January 6, even though the filing does not specifically name the experts.
Investigators looking into Trump’s actions following the election have already focused on his phone usage.
Documents obtained by CBS News’ chief election & campaign correspondent Robert Costa and The Washington Post’s associate editor Bob Woodward revealed a seven-hour and 37-minute gap in Trump’s official phone logs from January 6 that included the time the building was attacked. These records were part of the White House records that were turned over to the now-defunct House select committee last year.
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