Trump's phone data from Jan 6 to be used to track his steps: What does this mean for former POTUS?

Experts claim that data extracted from Donald Trump's cellphone may pose a threat to ex-POTUS
PUBLISHED DEC 15, 2023
Donald Trump's White House cellphone data will be used as prosecutorial evidence during his federal election interference case (Getty Images)
Donald Trump's White House cellphone data will be used as prosecutorial evidence during his federal election interference case (Getty Images)

Trump's phone data from Jan 6 to be used to track his steps: What does this mean for former POTUS?

JOINT BASE ANDREWS, MARYLAND - JANUARY 20: President Donald Trump speaks to supporters at Joint Base
Former president Donald Trump's cellphone data from January 6 will be used as prosecutorial evidence against him (Getty Images)

Special Counsel Jack Smith has indicated that he will use data mined from Donald Trump's White House cellphone as prosecutorial evidence during the ex-president's federal election interference case. Smith informed the judge in a court filing that he intended to bring "expert" witnesses who extracted and reviewed data copied from Trump’s phone, as well as a phone used by another unidentified individual in Trump’s orbit. Experts have claimed that the extracted data is “important” for the case and may pose a threat to Trump. The 77-year-old former US president previously entered a not guilty plea in federal court to all four charges resulting from Smith's investigation into the Capitol riot on January 6, 2021, and election interference in 2020.

Data extracted from Trump's White House cellphone

DES MOINES, IOWA - AUGUST 12: Surrounded by campaign staff and members of the U.S. Secret Service, Former U.S. President Donald Trump (C) waves to supporters as he visits the Iowa Pork Producers Tent at the Iowa State Fair on August 12, 2023 in Des Moines, Iowa. Republican and Democratic presidential hopefuls are visiting the fair, a tradition in one of the first states that will test candidates with the 2024 caucuses. (Photo by Chip Somodevilla/Getty Images)
Donald Trump waves to supporters as he visits the Iowa Pork Producers Tent on August 12, 2023, in Des Moines (Getty Images)

As per the new filing, Smith has compiled phone records of what President Trump was doing during and after the Capitol attack on January 6, 2021. He claimed to have used the information to view pictures, websites, and places, but it's not clear if he accessed the substance of Trump’s communications or if anything was shielded due to executive privilege or other limits.

Three 'expert' witnesses to be at Trump's trial

Special Counsel Jack Smith is leading investigations into Donald Trump’s mishandling of confidential documents and his attempts to rig the 2020 election (Alex Wong and Mario Tama/Getty Images)
Special Counsel Jack Smith is leading investigations into Donald Trump’s mishandling of confidential documents and his attempts to rig the 2020 election (Getty Images)

In his filing, Smith noted that he will call three expert witnesses at Trump’s trial, who will demonstrate how the former POTUS used the phone in the weeks during which he attempted to subvert the 2020 election. The documents claim that the experts possess “knowledge, skill, experience, training, and education beyond the ordinary lay person on the analysis of cellular phone data, including the usage of Twitter and other applications on cell phones.” Experts have reportedly been examining the phone data from the moment Biden won the 2020 election until the attack on the Capitol.

'Expert' witnesses to demonstrate Trump’s movement on Jan 6

WASHINGTON, DC - JANUARY 6: Trump supporters clash with police and security forces as people try to
Donald Trump's supporters clash with police and security forces at US Capitol on January 6 (Getty Image)

'Expert 3' in a court filing, "extracted and processed data from the White House cell phones used by the defendant and one other individual (Individual 1),” according to CBS News. They will also be able to “specifically” identify “the periods of time during which the defendant’s phone was unlocked and the Twitter application was open on January 6.” The filing further states that the witness "reviewed and analyzed data on the defendant's phone and Individual 1's phone, including analyzing images found on the phones and websites visited."

Data recovered from Trump’s Twitter account

Presumptive Republican nominee for US president Donald Trump visits Trump International Golf Links on June 25, 2016, in Aberdeen, Scotland. (Jeff J Mitchell/Getty Images)
Donald Trump's Twitter DMs will be used as evidence against him at the January 6 trial (Getty Images)

The cell phone data Smith plans to use in the trial is in addition to Trump’s direct messages on the social media platform X (formally known as Twitter), despite the company's efforts to block access. Unreleased court documents from August revealed that, in addition to the former president's texts, Smith's team also acquired location information and draft tweets.

How Jack Smith’s move can affect Trump

NEW YORK, NY - OCTOBER 12:  TV Personality Donald Trump attends the
Experts say Donald Trump's cellphone data can be crucial to the January 6 trial (Getty Image)

Data mined from Trump’s phone can provide daily details of his last weeks in office, including his whereabouts, his Twitter usage, and the identities of any other assistants with access to his accounts and gadgets, reports Politico. For instance, it can reveal if Trump personally approved or disapproved of the critical tweet he posted during the Capitol incident on January 6, criticizing his vice president, Mike Pence. During an appearance on CNN, legal analyst Eli Honig told Anderson Cooper that the revelation that prosecutors have access to Trump's phone is "so important." “Cell phones have now become evidentiary bonanzas. They can tell you virtually about everything a person is doing,” Honig added.

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