Donald Trump's phone will provide crucial evidence in Jack Smith's trial

The FBI analyzed former President Donald Trump's phone to map his social media during the riot at the U.S. Capitol, according to prosecutor Jack Smith's 165-page evidentiary memo.

Judge Tanya Chutkan unsealed the memo yesterday in federal court in Washington, DC.

During the riots on January 6, 2021, Trump posted a comment on Twitter accusing Vice President Mike Pence of not having enough courage to refuse to certify the 2020 election. One rioter, using a bullhorn, read Trump's tweet to other protesters as they stormed the Capitol.

“Forensic evidence from the defendant's iPhone and observations of witnesses otherwise testifying to unofficial acts will establish that upon his return from the Ellipse, throughout the afternoon of the 6 January, the defendant was sitting in the dining room near the Oval Office, where he used his phone to check Twitter and watch the television, which was on and broadcasting reports about the riot at the Capitol.

“A forensic scientist from the FBI's Computer Analysis Team can testify about the news and social media applications downloaded to the defendant's phone and can describe the activity that occurred on the phone throughout on the afternoon of January 6, phone activity logs show that the defendant was using his phone, and in particular, using the Twitter app, consistently throughout the day following his return from the speech. Ellipse,” the document states.

Three other unidentified witnesses will testify that Trump was in the White House dining room and that the television was “on and tuned to news programs that were covering events unfolding at the Capitol in real time.”

Newsweek contacted the Trump campaign by email for comment on Thursday.

This is highly relevant to another part of the document which alleges that Trump's Twitter post during the riot put Pence in danger.

Former President Donald Trump speaks at a rally in Milwaukee on October 1. The FBI is expected to testify about Trump's social media posts during the Jan. 6 Capitol riot. Former President Donald Trump speaks at a rally in Milwaukee on October 1. The FBI is expected to testify about Trump's social media posts during the Jan. 6 Capitol riot. Jim Watson/Getty Images

The document states that Trump called Pence on the morning of January 6, 2021, begging him not to certify Joe Biden's election victory later that day. Pence again refused to do so, and Trump was “furious.”

When rioters later broke into the Capitol, chanting threatening statements against Pence, Trump wrote on Twitter that Pence “didn't have the courage” to refuse to certify the election. Trump “attacked Pence for refusing the defendant's pleas to join the conspiracy and help overturn the results of the election,” prosecutors allege in the document.

The tweet told “angry Trump supporters that Pence had failed him – and them –,” the document said.

The prosecution's document notes that one rioter used a bullhorn to read Trump's tweet to his fellow rioters to encourage them.

A minute after Trump posted the tweet, the Secret Service and Capitol Police took Pence to a secure location inside the Capitol.

A White House aide ran to Trump to tell him he had just received a phone call informing him that Pence had been taken to a secure location “in the hopes that (Trump) would take steps to ensure security Pence,” the document said.

Trump responded: “So what? ” and did not appear concerned for Pence's safety as rioters roamed the Capitol looking for the vice president.

Prosecutors hope FBI evidence will prove that Trump was using his Twitter account and posted the comment putting Pence in danger.

Trump is accused of conspiring to defraud the United States; conspiracy to obstruct an official proceeding; obstruction and attempted obstruction of an official proceeding; and anti-rights conspiracy in an alleged campaign to pressure state officials to overturn the results of the 2020 election.

Trump has denied all accusations against him and has repeatedly said he is the victim of a political witch hunt. He accused Smith of trying to interfere in the 2024 presidential election by suing him.

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