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Trump Lawyers Seek to Limit Jack Smith's Pre-Election Public Statements

 September 22, 2024

Amid the 2024 election battle, former President Donald Trump's legal team is pushing for restrictions on special counsel Jack Smith's public communications.

Trump's attorneys have urged a federal judge to prevent a public filing by Smith in the ongoing election interference case, citing potential unfair influence on public opinion and the upcoming contest, as the Daily Caller reports.

The request was directed to Judge Tanya Chutkan, asking her to reconsider her earlier decision which would allow Smith to make his public filing scheduled for Sept. 26.

Trump's legal counsel claims that unresolved evidence disputes make this forthcoming public statement akin to an unjustified preliminary judgment in the court of public opinion.

Trump's Legal Strategy Focuses on Presidential Immunity

Key to Trump's defense is the argument over presidential immunity. His attorneys argue that the Supreme Court's recent ruling on July 1, which grants former presidents immunity from prosecution for their official acts, should nullify much of the evidence previously gathered.

They contend that this significant legal change was not considered when most of the discovery material was collected, thereby compromising the fairness of the proceedings against him.

Legal Team Challenges the Integrity of the Evidence

Further complicating matters, Trump's attorneys have highlighted what they describe as ongoing discovery violations.

These include the special counsel's alleged failure to provide exculpatory evidence, which could demonstrate flaws in the prosecution's case and false allegations made against Trump.

"The Supreme Court’s recent decision established important parameters for the procedural and substantive consideration of this defense that the Office could not possibly have accounted for when the bulk of discovery was collected and produced," Trump’s legal team argued.

Concerns Over Pre-Election Influence Through Legal Filings

Trump's lawyers are particularly concerned about the timing of Smith's filing. They argue that releasing such information publicly right before an election could sway public opinion unfairly against Trump, impacting the electoral process.

“Smith’s filing would ‘amount to an improper motion for summary judgment in the court of public opinion’ ahead of the election," Trump's legal team stated, emphasizing the potential impact on public perception just as voters are preparing to go to the polls.

Indictment Details and Presidential Actions Scrutinized

In the indictment revised in late August by Smith, the same four charges were maintained against Trump but some allegations were omitted due to the immunity clause. The language was also updated to indicate that Trump’s actions were beyond his official presidential duties.

Trump's legal team insists that all the allegations, including those involving interactions with Vice President Mike Pence, are covered by presidential immunity, questioning the validity of the indictment altogether.

Dispute Over Evidence and Prosecutorial Conduct

Trump's attorneys have also raised issues regarding the need for disclosures about government agents present at the U.S. Capitol on Jan. 6 and security requests made that day. They claim there's evidence of bias by prosecutors that has not been adequately addressed.

These unresolved issues, they argue, further necessitate the dismissal of the case to maintain the integrity of both the presidency and the upcoming election. “Dismissal is required to protect the integrity of the Presidency and the upcoming election, as well as the Constitutional rights of President Trump and the American people,” Trump’s legal team stated.

The Ongoing Battle in Court and Public Opinion

As the legal proceedings advance, the interplay between court decisions and public sentiment remains a focal point, particularly with the proximity of the presidential election.

Trump’s legal maneuvering reflects a strategic attempt to control the narrative and influence public perception amidst critical legal battles.

The outcome of this legal request could have significant implications not just for Trump, but also for the broader political landscape as the election draws near.