CNN senior legal analyst Ellie Honig said Wednesday that the release of Special Counsel Jack Smith's redacted brief detailing allegations of election interference by Republican candidate Donald Trump was done in an “unusual” manner. He said that he was
Judge Tanya Chutkan released a 165-page brief containing evidence gathered in the investigation into whether President Trump tried to interfere in the 2020 election. Honig said this is unusual because in criminal cases, the defense typically files motions with the court before indictment, and prosecutors' decision to go first meant the evidence could be released sooner than expected. He pointed out.
“There are some unusual things about how this happened,” Honig said. “First of all, when it comes to motion time, the defense is usually the first to move. The prosecution files an indictment, the defense says, 'I object to the indictment,' and the prosecution responds. Here, Jack Smith said a few weeks ago, “Judge Chutkan, I think we'd like to go first.'' In fact, Judge Chutkan said, “Well, that's unusual,” but she released them first. And that effectively allowed Jack Smith's case, at least the unredacted portions, to be in print 30-odd days before the election. Otherwise I might not have gotten it. ”
Honig explained how the indictment intends to prove that Trump's actions on January 6, 2021 were not official acts of the president. The Supreme Court ruled in July that former presidents are immune from prosecution for official acts they committed while in office, and Smith filed a expunged superseding indictment in late August. (Related: CNN's Ellie Honig reveals evidence prosecutors will use in attempt to convict Eric Adams)
“What Jack Smith is doing here is basically developing his case on paper instead of in court,” Honig said. “The whole reason why he does this goes back to the U.S. Supreme Court's immunity decision, which was handed down on July 1st of this year. What it alleges is all of the things we alleged against Donald Trump in the new indictment, the slimmer indictment that was returned a few weeks ago. It is an official act, and it is not an official act.”
The legal analyst said the brief includes a “bullet-pointed list” of conversations between Trump and former Vice President Mike Pence, in which Trump told the former vice president that He said he instructed them to treat the election not as a defeat but as a break.
Mr. Trump's lawyers argued that Mr. Smith should not be allowed to file his complaint in the “court of public opinion” before the election.
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