Special counsel to use Trump’s continued embrace of January 6 rioters against him at trial

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Special counsel Jack Smith plans to present evidence at Donald Trump’s federal election subversion trial next year that his continued support for US Capitol rioters helps to show he intended to inspire violence on January 6, 2021, as part of a conspiracy he led to overturn the 2020 election.

In a court filing made public Tuesday, prosecutors point to Trump endorsing the Proud Boys during a 2020 presidential debate, saying he would pardon January 6 rioters and playing a recording of the National Anthem from imprisoned January 6 defendants at a campaign rally.

The filing goes further than the indictment against Trump by tying him directly to the rioters. Trump has been charged with conspiracy and obstruction. He has pleaded not guilty. The trial is scheduled for March in Washington, DC.

Prosecutors say the fact that Trump has financially supported – and celebrated – January 6 rioters establishes his motive and intent to commit federal crimes.

“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,” prosecutors wrote.

“The defendant nonetheless has financially supported and celebrated these offenders – many of whom assaulted law enforcement on January 6 – by promoting and playing their recording of the National Anthem at political rallies and calling them ‘hostages,’” prosecutors added.

The evidentiary plans from the special counsel’s office, which must be approved by Judge Tanya Chutkan before the case goes to a jury, underscore how Trump’s public statements sympathizing with Capitol rioters – even in recent months – may be used against him in court.

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