Smith cites Trump’s support of Jan. 6 prisoners, his collaboration with the Jan. 6 choir, and past criticisms of elections in 2012 and 2016 as evidence he tried to subvert the 2020 election and support the Capitol riot.

Special Counsel Jack Smith has filed a motion describing the evidence he plans to use against former President Donald Trump in his Jan. 6 case, and it’s about as ridiculous as you’d expect.

The thrust of the 9-page motion reads like the Democrat-led Jan. 6 Committee conclusions, where Trump was denied representation, an opportunity to present his own evidence and witnesses, and ability to challenge the committee’s witnesses.

Like the Jan. 6 Committee, Smith’s motion crafts a narrative that Trump directed the violence and chaos at the January 6 Capitol riot.

New: Jack Smith just filed a motion describing the evidence he plans to use in Trump’s J6 trial in DC.

It’s like reading the J6 Committee TV script:

* Historical Evidence of the Defendant’s Consistent Plan of Baselessly Claiming Election Fraud

* Historical Evidence of the…

— Julie Kelly 🇺🇸 (@julie_kelly2) December 5, 2023

The evidence Smith presents is laughable on its face, citing his support of Jan. 6 prisoners and plan to pardon them, his collaboration with the Jan. 6 choir, and past criticisms of elections in 2012 and 2016 as evidence he tried to subvert the election and prevent a peaceful transfer of power in 2021.

“the defendant has chosen to publicly and vocally support the ‘January 6 Choir'”

Special Counsel Smith:

This is evidence of Trump’s motive on January 6 and his “intent during the charged conspiracies” pic.twitter.com/tv8TwlQ1na

— Techno Fog (@Techno_Fog) December 5, 2023

“Trump’s public comments suggesting his intent to pardon some defendants charged for their actions during the riot, as well as his musical collaboration with imprisoned defendants who sang a cover of ‘The Star-Spangled Banner,’ are just a few examples Smith cited in his latest filing seeking to create a dubious link between Trump and the violence at the Capitol in early 2021,” the Washington Examiner reported Tuesday.

He also said this👇 is a crime. God help us. pic.twitter.com/tVOYIykilE

— Katie Scarlett (@Katiescarlet2) December 5, 2023

Smith’s court filing reads, “The Government plans to introduce evidence at trial showing that in the years since the January 6 attack on the Capitol, the defendant has openly and proudly supported individuals who criminally participated in obstructing the congressional certification that day, including by suggesting that he will pardon them if re-elected, even as he has conceded that he had the ability to influence their actions during the attack.”

Smith cites Trump’s recent comments about excessive sentences for Proud Boys and promises to pardon J6ers as evidence he supported the “riot.”

Smith will use proposed pardon to impeach credibility of defense witnesses, esp anyone tied to Jan 6. pic.twitter.com/AZHxeQfgCz

— Julie Kelly 🇺🇸 (@julie_kelly2) December 5, 2023

The filing details prosecutors’ plan to present Trump’s past comments from as far back as 2012 and 2016, when he as a private citizen expressed doubt about the legitimacy of the U.S. election system.

“The defendant’s false claims about the 2012 and 2016 elections are admissible because they demonstrate the defendant’s common plan of falsely blaming fraud for election results he does not like,” the filing read.

“For example, as early as November 2012, the defendant issued a public tweet making baseless claims that voting machines had switched votes from then-candidate Romney to then-candidate Obama.”

Yes

— Julie Kelly 🇺🇸 (@julie_kelly2) December 5, 2023

As lawyer Julie Kelly pointed out, the same DOJ claiming Trump tried to undermine the 2020 election had itself masterminded the bogus Trump-Russia collusion hoax that resulted in a multi-year investigation and media circus.

“The motion is stunning in its level of sophistry, demagoguery, and hypocrisy. The same DOJ that concocted the Trump-Russia election collusion hoax in 2016 to derail his candidacy/presidency now claims Trump tried to undermine the transition of power that year,” Kelly wrote on X.

The motion is stunning in its level of sophistry, demagoguery, and hypocrisy.

The same DOJ that concocted the Trump-Russia election collusion hoax in 2016 to derail his candidacy/presidency now claims Trump tried to undermine the transition of power that year. pic.twitter.com/RwKS7xisDk

— Julie Kelly 🇺🇸 (@julie_kelly2) December 5, 2023

Smith’s four-count federal indictment in Washington, D.C., alleges Trump schemed to defraud the federal election process, obstruct Congress’s certification of the vote on Jan. 6, 2021, and deprive eligible voters of their right to have their votes counted.

This comes a week after Smith issued a search warrant for all information related to former President Trump’s Twitter account, including a list of all users who liked, retweeted, mentioned, or followed his posts, a considerable request given Trump had 88 million followers by the time Twitter suspended his account in 2021.

Read Smith’s motion:

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