CBS News legal contributor Rebecca Roiphe said Wednesday that special counsel Jack Smith's brief alleges that it violates former President Donald Trump's right to a fair trial, citing details in the document. He said that it was not a “outlandish story'' on a certain level.
Monaka exterior On CBS News, the former Manhattan prosecutor discussed the “extraordinary” level of detail in Smith's recent filing that could impede President Trump's constitutional right to a fair trial. The moderator asked Roiphe to delve into the probative value of documents currently available to the public and explain how this would play out in a jury trial.
“If there are motions, those motions are made public. And those motions contain certain factual allegations. I think what's unusual here is the level of detail. Of course, this is an important case. ,” Roife explained. “This is in response to a Supreme Court decision that was quite vague. So, that level of detail is not inappropriate, but there is a level of detail that you don't normally see in motion filings.”
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The conversation highlighted the former president's concerns about the possibility of his constitutional rights being violated.
“So I think it's worth pausing for a moment to mention the former president's claim that this interferes with his constitutional right to a fair trial. Given the actual details, I don't think that's a far-fetched argument. No, I’m there,” she continued. (Related: Jack Smith shouldn't be allowed to submit 180-page 'hit piece' while President Trump is under gag order, lawyer argues)
Judge Tanya Chutkan released a redacted version of Smith's ruling on Wednesday. Detailed overview Evidence regarding former President Trump's election interference allegations. Mr. Chutkan dismissed charges of “malicious partisan bias” and ordered the 165-page document on presidential immunity to be made public, countering Mr. Trump's legal team's objections to its release before the election.
In a filing Tuesday, Trump's lawyers accused Smith of a politically motivated attempt to release witness testimony before the election. They told Judge Chutkan that prosecutors will redact names in significant presidential immunity motions but will leave quotes from classified materials unredacted and will protect such information to ensure justice. This was a reversal from Smith's previous position.
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