It’s unclear, though, what the extent of Smith’s access to Trump’s phone was. While Smith described in the filing using the data to view images, websites and locations, it’s unclear if he accessed the substance of Trump’s communications or if anything was shielded due to executive privilege or other limits.
The trial in the case — in which Trump is charged with conspiring to disenfranchise millions of voters and derail the transfer of power — is scheduled to begin March 4.
The expert will describe to jurors “the usage of these phones throughout the post-election period, including on and around January 6, 2021,” when a mob of Trump supporters attacked the Capitol after Trump urged them to fight to “stop the steal.” The expert’s review also included “analyzing images found on the phones and websites visited.”
The expert testimony is the first explanation of how Smith plans to deploy a massive trove of data that prosecutors obtained from Twitter about Trump’s use of his powerful account.
The expert, who is not identified by name in the filing, will 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 is the latest glimpse into the extraordinary evidence Smith has amassed in his probe, including testimony from dozens of Trump’s closest aides and advisers, including former Vice President Mike Pence.
Prosecutors obtained a search warrant to access Trump’s Twitter data in January and ultimately obtained a massive cache of data culled from Trump’s account, including location data.
However, the prosecution filing stops short of claiming that the experts will be able to prove that activity on the phones directly involved Trump. Trump’s phones were routinely managed by others, including his social media manager, Deputy Chief of Staff Dan Scavino.
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