How a 2020 debate comment could come back to haunt Trump at trial: analysis

Special counsel Jack Smith made a pivotal 9-page filing to U.S. District Court for the District of Columbia Judge Tanya Chutkan this week where he delineated accusations of Donald Trump's wrongdoing that, as yet, the former president has not been indicted for.

Of note, former U.S. Attorney Joyce Vance explained, was Smith's inclusion of a glib comment made by Donald Trump during a 2020 debate performance that could come into play when his D.C. trial related to his attempt to overturn the 2020 presidential election convenes.

As Vance noted on her Substack platform, "The [Federal Rule of Evidence 404(b)rule] tells prosecutors they can’t offer evidence that a defendant committed bad acts or crimes beyond what’s charged in the indictment to try and show that the defendant has a propensity to commit crimes, that he’s a bad guy. But the rule permits prosecutors to use the evidence for other purposes."

With that in mind, the legal expert noted that a key component of Smith's case against the former president centers on his attorneys asserting he was acting in good faith when he contested the election results.

According to Vance, Smith cited an instance in 2020 where a debate moderator reminded the former president about "the American tradition of a peaceful transfer of power" and asked him if he would adhere to it, to which he responded, "What I’m saying is that I will tell you at the time. I’ll keep you in suspense. OK?”

That, she pointed out, could be used to show a jury that Trump's mindset with regard to the legitimacy of the election could be described as "If I win, it’s a fair election, but if I lose it’s fraud” long before the Jan. 6 insurrection.

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