Special counsel Jack Smith is focusing on Donald Trump's recent comments defending his actions on January 6 and the violence from his supporters at the US Capitol. Prosecutors are emphasizing Trump's personal conduct post-presidency, separate from his official duties, following the Supreme Court's ruling that presidents are immune from prosecution for official actions while in office.
In a recent filing, prosecutors highlighted Trump's ongoing efforts to blame Vice President Mike Pence for the Capitol violence as evidence of his criminal intent on January 6. They argue that Trump's endorsement of the violent actions of his supporters and his belief that they were justified in threatening Pence, all expressed after leaving office, are indicative of his intent during the alleged conspiracies.
Since his departure from the White House in 2021, Trump has consistently praised the rioters and even suggested he would pardon some of them if he were to return to office. Additionally, he continues to falsely claim victory in the 2020 election.