![]() ![]() Specifically, rule 404(b) says that evidence of “any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.” However, the rule also says that such evidence can be used to prove “motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.” The government frames its argument that way due to the federal rules of evidence. But Smith argued in his notice that Trump’s false claims about the 20 elections are admissible “because they demonstrate the defendant’s common plan of falsely blaming fraud for election results he does not like, as well as his motive, intent, and plan to obstruct the certification of the 2020 election results and illegitimately retain power.” Of course, the federal indictment, to which Trump has pleaded not guilty, doesn’t charge him with crimes going back that far. ![]()
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