Ex-federal prosecutor: Jack Smith’s new evidence will be 'kryptonite' for Trump’s election defense

09 January 2024

On January 7, ABC News reported that special counsel Jack Smith had uncovered new evidence in his federal election interference case against Donald Trump — evidence detailing the former president's initial reaction when the U.S. Capitol Building was under attack on January 6, 2021.

Dennis Aftergut, a former federal prosecutor, believes Smith's new evidence is incredibly damning.

According to ABC News, Smith's team had interviewed former Trump aide Nick Luna and former Deputy Chief of Staff Dan Scavino — both of whom described Trump's reaction to to the attack on the Capitol. And Trump, ABC News' Jonathan Karl said, wasn't distressed by the riot, but believed the rioters, unlike then-Vice President Mike Pence, were standing up for him.

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In an article published by Slate on January 8, Aftergut wrote, "If and when the trial goes forward after Trump's immunity appeals wrap up, the new evidence will be kryptonite to Trump's hopes for avoiding a conviction."

Aftergut also argued, "Trump's reported statements are loaded with cruelty, self-interest, and abandonment of allies. It becomes indisputable that he was using his most violent followers to try to override the voters' will and keep himself in power."

Newsweek notes that Scavino "attempted to convince Trump to send out a tweet on January 6 to calm the crowd."

"Some of the crowd that day called for Vice President Mike Pence to be hanged," Newsweek explains. "Pence was due to certify the results of the election in Congress on January 6. That day, protesters breached the Capitol at 2:12 p.m., and 12 minutes later, Trump tweeted that Pence did not have 'the courage' to 'protect our country.'"

Newsweek continues, "At 2:38 p.m., Trump then told his followers on X, formerly Twitter, to 'support our Capitol Police and Law Enforcement' and 'stay peaceful'…. Luna.… said he heard Trump saying 'so what?' when he was informed Pence was being rushed to a secure location."

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