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Special Counsel’s Deadline for Potential New Charges Against Trump and Its Impact on the Prosecution

Monday marks the deadline for special counsel Jack Smith to notify Donald Trump and his legal team of potential additional crimes, wrongs, or other misconduct believed by the Department of Justice to have been committed.

These would be considered in the prosecution of Trump for attempting to undermine the 2020 presidential election results. The notice is limited to alleged crimes not covered in the existing charges set to be heard in Judge Tanya Chutkan’s courtroom. The new evidence requires approval from the judge, who will determine its admissibility in open court, As reported by Raw Story on Monday, December 4, 2023,

Former U.S. Attorney Joyce Vance explained the significance of the 404(b) notice on her Substack platform, stating that evidence of prior crimes can be introduced to establish motives, opportunities, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

Reflecting on the case’s trajectory, Vance anticipates that Smith will submit crucial evidence strengthening the prosecution’s case related to the January 6 insurrection and its surrounding events. She predicts a focus on proving Trump’s state of mind regarding election fraud and the absence of a genuine belief that his actions wouldn’t lead to obstructive violence similar to the events on January 6.

Vance also expects Smith to provide Trump with information on the permitted purpose for introducing any 404(b) evidence and the rationale supporting this view, potentially allowing for a more detailed public understanding of the case.

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