compromised."[1] On November 17, P50 promoted the expert report on his own initiative and, as he later learned, contrary to the defendant's wishes; the defendant promptly fired P50 the same day, by Tweet.[2] The Government does not intend to introduce any evidence about the defendant's removal of P50 Rather, as with P52 public statement, P50 public Tweets were not official actions by the defendant and thus are not protected by presidential immunity.
- b. The defendant's use of Twitter and television on January 6 (Superseding Indictment, ECF No. 226 ¶ 92; supra p. 79)
Forensic evidence from the defendant's iPhone and observations by witnesses otherwise testifying about unofficial acts will establish that upon his return from the Ellipse, throughout the afternoon on January 6, the defendant sat in the dining room by the Oval Office, where he used his phone to review Twitter and watched the television, which was turned on and displaying news coverage of the riot at the Capitol.[3]
As explained in the Government's expert notice, ECF No. 183, an FBI Computer Analysis Response Team forensic examiner can testify as to the news and social media applications downloaded on the defendant's phone,[4] and can describe the activity occurring on the phone throughout the afternoon of January 6.[5] The phone's activity logs show that the defendant was using his phone, and in particular, using the Twitter application, consistently throughout the day after he returned from the Ellipse speech.[6]
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