The legal team led by special counsel Jack Smith is preparing to present a case that connects former President Donald Trump to the events of January 6, aiming to demonstrate that Trump played a role in encouraging a crowd to disrupt the certification of the 2020 election results.
In the trial set to commence on March 4, senior assistant special counsel Molly Gaston outlined in a recent court document, as reported by Politico, that Trump’s efforts to remain in office reached their peak on that day.
Gaston’s legal brief claims that Trump incited his supporters to march on the Capitol, and that this incitement was part of the actions that obstructed the official proceedings of Congress. The prosecution will seek to back up these allegations with various forms of evidence, including video and witness testimonies, showing the movement of Trump’s supporters from his rally to the Capitol, and their subsequent involvement in the violence there.
This recent legal filing does not mention Ray Epps, who was seen in video footage on January 5, suggesting to protesters to enter the Capitol and who later acknowledged in a media interview that he made a mistake by sending a text saying “I orchestrated it.” This admission came into the public eye through the work of the House Jan. 6 select committee, which has since been dissolved.
The focus of Gaston’s argument is on the linkage between Trump and a conspiracy to breach the Capitol, without relying on the publicized evidence involving Epps. The prosecution’s case emphasizes Trump’s own statements and the responsive actions of his supporters, without direct reference to Epps’ actions or statements.
The indictment against Trump includes charges related to the obstruction of the official certification process. Gaston’s filing argues that the disruption was significantly caused by the actions of individuals directed by Trump towards the Capitol, thus posing a grave security risk.
Legal experts, including Alan Dershowitz, have expressed skepticism over the indictment’s exclusion of potentially exculpatory details, particularly those suggesting Trump called for peaceful protest.
The controversy continues as Trump’s defense team has requested that U.S. District Court Judge Tanya Chutkan remove any mentions of the Jan. 6 riot from the indictment, deeming them irrelevant and potentially biasing to jurors. The defense argues that since Trump is not charged with any actions directly tied to the events at the Capitol, such references should be excluded from the legal proceedings.
The case moves forward with a November 10 deadline for Trump’s lawyers to respond to the prosecution’s motion to televise the trial.
