CNN legal analyst Joey Jackson on Thursday expressed concern about the timing of Special Counsel Jack Smith's election interference lawsuit against former President Donald Trump, given its “closeness” to the November election.
Judge Tanya Chutkan will hear the case on Thursday, the first since the Supreme Court's July ruling on presidential immunity and Smith's recent indictment against Trump. According to Jackson told host Sara Sydnor on CNN's “CNN News Central” that Trump's lawyers were justified in objecting to the proceedings because the presidential election is so close. (Related: “Political justice”: Kamala Harris' antics during confirmation hearings hint at the “radical” judge she will nominate)
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CNN legal analyst says Jack Smith's Trump lawsuit's closeness to the election is 'alarming' pic.twitter.com/XzntirD78s
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“We always want a system that is fair and just and issues-focused, and right now it's issues-focused enough that we get into the merits and the debate about what's official and what's unofficial, immunity and so on,” Jackson said. “But we have to be careful because of the context of an election. There's going to be an element of, 'Oh, what suspicious timing.'”
“And what's interesting is, it's hard to have a discussion about legislation and make it strictly about the law, especially with the election so close, there's political elements involved. So, we want to make sure the American people have confidence in doing that,” he continued. “It's a little worrying that we're so close to an election.”
Smith's replacement Indictment The indictment against Trump in this case contains the same four conspiracy and obstruction counts as the original indictment, but has been streamlined to take into account presidential immunity, which the Supreme Court has ruled gives the president immunity from criminal prosecution for “official business” performed while in office.
“What he really wanted to do was focus on moving the prosecution from the realm of the actual president into the realm of the campaign. I'm talking about the idea that he wanted to bury and present any discussion of the president at a time when he was campaigning,” Jackson added. “This was a campaign effort to further his campaign and really get him elected president, not the conduct of the president.”
“So I think that at its essence, when you compare the new indictment to the old indictment, it takes an official activities issue and makes it a campaign issue. That's really the fundamental dynamic. And I think that's what they're trying to push,” he continued. “I think, and I want to be very clear on this point, the charges remain the same. So there are a number of ways to arrive at the same outcome in terms of election interference and what you're doing. So, I think, effectively, the facts and the bones are there. I think the way it's structured remains the same.”
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