Special prosecutor Jack Smith asks judge not to allow Trump to ‘inject politics’ into Jan. 6 case

Special prosecutor Jack Smith on Wednesday asked a federal judge in Washington, D.C., to rule out former President Donald Trump’s attempts to “inject politics” into his Jan. 6 case, arguing in a court filing that it will “ensure the jury remains focused.” in its deed.” -find the duty and apply the law according to the instructions of the Court.”

Smith said the 45th president has made “politicized and baseless claims of selective and vindictive prosecution” and “investigative misconduct,” and Trump referred to his charges for attempting to overturn the result of the 2020 election as one of several “Biden accusations” for “his injustice.” Department.”

Trump, 77, has also “complained that the grand jury indictment and the Court’s trial date will interfere with his political activities,” the 20-page motion says, adding that any arguments raised on these grounds should be excluded. of the trial.

“In addition to being erroneous, these allegations are irrelevant to the jury’s determination of the defendant’s guilt or innocence, would be prejudicial if presented to the jury, and should be excluded,” the special counsel wrote.

Special prosecutor Jack Smith asked a federal judge in Washington, D.C., to throw out former President Donald Trump’s attempts to “inject politics” into his Jan. 6 case. AFP via Getty Images Smith said the former president has made “politicized and unsubstantiated claims of selective and vindictive prosecution” as he called the case one of several “Biden allegations.” AP

“Before this Court, the defense has repeatedly used rhetoric that may be acceptable in the election campaign, but not in a trial.”

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Trump’s lawyers did not immediately respond to a request for comment.

“Corrupt Joe Biden’s errand boy, the deranged Jack Smith, is so obsessed with attacking President Trump and interfering with the 2024 presidential election, and he’s so sad that the Supreme Court just unanimously rejected his desperate attempt to speed up this witch hunt, which is ignoring the law. and clear instructions from District Court Judge Chutkan, who stated unequivocally that this “case” is on hold and there should be no litigation. Period,” Trump said in a statement.

D.C. District Judge Tanya Chutkan has already imposed a stay on the proceedings while Trump’s legal team appeals her refusal to dismiss the charges on presidential immunity and constitutional grounds.

D.C. US District Judge Tanya Chutkan has already imposed a stay on the case, while Trump’s legal team appeals a motion to dismiss the charges on presidential immunity and constitutional grounds. Jeff Reed/NARA

The U.S. Supreme Court denied Smith a quick ruling on the immunity issue on Dec. 22, forcing prosecutors to discuss the matter by court order.

On Christmas Eve, Trump’s lawyers appealed Chutkan’s ruling to the D.C. Circuit Court of Appeals, arguing that the legal principle of double jeopardy precludes any prosecution of a former president who has been impeached and acquitted.

A former federal prosecutor told The Post that Smith’s decision to continue filing motions in district court for a case that has been stayed is extremely rare and could result in a sanction.

The U.S. Supreme Court also denied Smith a quick ruling days before Christmas on whether the former president has immunity from impeachment over his challenges to the 2020 election result. AP

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“Any other court would do that expecting the possibility of sanctions,” the prosecutor said. “It is a flagrant violation of Chutkan’s suspension order.”

The move appears aimed at avoiding any delay to Trump’s March 4, 2024 trial date in DC, which falls one day before Super Tuesday, during which 16 US states hold Republican presidential primaries or caucuses. .

“As the Supreme Court refuses to take up the case, the chance of a trial taking place in March approaches zero, and the chance of a ruling before Election Day is markedly reduced,” the prosecutor added.

A former federal prosecutor told The Post that Smith’s decision to continue filing motions in D.C. District Court for a case that had been stayed was extremely rare. AP

Smith’s motion further argues that Trump should be prevented from presenting “disinformation that he has spread” about the Capitol riot, including claims that undercover federal agents or foreign influence during the 2020 election were responsible for the events of January 6. of 2021.

For “cases in this District in which the January 6 defendants attempted to use such evidence, courts have deemed such evidence to be irrelevant unless the defendants can establish that a covert actor affected the actions or the defendant’s mental state,” Smith wrote.

Unless Trump can demonstrate that he “trusted in good faith [a] “In a specific foreign disinformation campaign,” Smith added, he cannot argue that he was “deceived” by foreign influence or that “the January 6 riot was the result of ‘efforts by foreign actors to influence public opinion.’ “.

Smith’s motion further argues that Trump should be prevented from claiming that undercover federal agents or foreign influence during the 2020 election were responsible for January 6, 2021. AP

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The special counsel also asked Chutkan to prohibit attempts by Trump’s defense team to question government witnesses in a way that would violate the attorney-client privilege or the speech and debate privilege, which prevents members of Congress from being sued. for criminal conduct based on any official action taken while in office.

“The Court should exclude evidence and arguments described above that have no bearing on the defendant’s guilt or innocence,” he concluded, “are irrelevant, or are substantially more prejudicial than probative.”

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Source: vtt.edu.vn

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