Jack Smith's Legal Strategy Aims to Admit Pence Testimony in Trump's Jan. 6 Case

Special Counsel Jack Smith is navigating Supreme Court immunity rulings to introduce evidence against Donald Trump, focusing on unofficial conduct during the January 6th events.

Smith argues that Trump's interactions with Pence were unofficial, framing them as candidate-to-candidate discussions rather than official presidential conduct.
The Supreme Court ruling provides a presumption of immunity for official acts, but Smith is challenging this by focusing on Trump's actions as a candidate.
Smith's strategy involves categorizing Trump's conduct into unofficial actions, such as interactions with state officials and efforts to organize fraudulent electors.
The legal team is leveraging Trump's use of private actors and exclusion of official White House counsel to argue the unofficial nature of his actions.
Smith's approach includes presenting evidence of Trump's private communications and public speeches as campaign activities, not presidential duties.