Jack Smith Demands Court Take Away Trump’s Best Defense 

Daily Report December 28,2023

Special counsel Jack Smith has asked the court to bar former President Donald Trump from telling the jury that his indictments are political.

Smith indicted the former president for his actions leading up to the January 6 protest. Trump, however, continues to argue that Smith’s case against him, as well as his other indictments, were all politically motivated. The former president argues that his indictment was directed by President Joe Biden as a form of election interference.

Despite Judge Tanya Chutkan placing a temporary hold on the case pending Trump’s presidential immunity appeal, Smith continues to work on the case. The special counsel filed a request with Chutkan on Wednesday, demanding she bar the former president from saying the case against him is politically motivated. Smith argued that Trump’s claim would be prejudicial if presented to the jury.

“Following his indictment in this District, the defendant has made unsupported and politicized claims of selective and vindictive prosecution, indicated that he intends to explore irrelevant issues related to the Government’s investigation, and complained that the grand jury’s indictment and the Court’s trial date will interfere with his political activities,” Smith wrote. “None of these issues goes to the defendant’s guilt or innocence; all of them should be excluded.”

Smith also wants Chutkan to prevent the former president from introducing evidence relating to agency preparations and response regarding the January 6 protest. The special counsel’s filing will also prevent the former president from using evidence relating to undercover agents at the Capitol and allegations of foreign influence.

Smith asked Chucktan to bar the former president’s legal team from using cross-examinations to collect protected information without first receiving clearance

“Allowing the defendant to question witnesses about information for which a witness either must or would be likely to assert a privilege—in open court, in front of the jury—runs the risk of unfairly and improperly suggesting to the jury that the witness lacks candor and presenting to the jury otherwise inadmissible evidence,” he wrote.

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