White House Cell Phone Records Accessed by Federal Investigators

Washington — Federal investigators have gained access to White House cell phone records — including a phone used by former President Donald Trump — and could use that information as evidence in the special counsel's 2020 election-related trial, prosecutors revealed late Monday.

While it remains unclear exactly what prosecutors got their hands on and how much the White House cell phone records account for Trump's past online activity, according to special counsel Jack Smith, a technical witness who examined the phone for usage information "throughout the post-election period" might be called to discuss the data during the trial.

This person, whom Smith refers to as "Expert 3" in a court filing, "extracted and processed data from the White House cell phones used by the defendant and one other individual (Individual 1)," Smith's filing said. Expert 3 also "specifically identified the periods of time during which the defendant's phone was unlocked and the Twitter application was open on January 6."

The filing also says the witness "reviewed and analyzed data on the defendant's phone and on Individual 1's phone, including analyzing images found on the phones and websites visited."

Former President Charged with Criminal Counts - Prosecutors have charged the former president with four criminal counts, to which he has pleaded not guilty. The charges include conspiracy to defraud the U.S. for his alleged efforts to resist the transfer of power. The indictment refers to "Individual 1" who has been identified as former Trump lawyer Rudy Giuliani. The indictment also mentions six unnamed and uncharged individuals.

The former president has denied any wrongdoing in the case and has criticized the prosecution as politically motivated. A spokesperson for the Trump campaign did not immediately respond to a request for comment on the new court documents.

Monday's filing was made in response to a court order requesting information about expert witnesses who will be called during the upcoming federal trial, scheduled to begin on March 4, 2024. While the filing does not mention the experts by name, prosecutors stated that two additional expert witnesses will use digital data to explain the movement of the crowd on January 6.

This is not the first time investigators have focused on Trump's phone usage in relation to his post-election conduct. Internal White House records from January 6, provided to the now-defunct House select committee, revealed a gap of seven hours and 37 minutes in Trump's official phone logs, including the period when the Capitol building was under assault.

According to recent reports, there is a lack of official documentation regarding phone calls made by former President Trump during the Jan. 6, 2021 breach of the Capitol. The absence of any White House notation for a period of 457 minutes raises questions about the calls made during the height of the attack. The National Archives had previously turned over 11 pages of records to the House select committee investigating the incident, including an examination of whether Trump used "burner phones" during his time in office. In response to these revelations, a court filing was submitted by attorney Joseph Smith on Monday. This filing coincided with the Supreme Court's decision to fast-track its consideration of a request by the special counsel, indicating the significance of this case.