Special counsel Jack Smith’s team has requested a U.S. District Judge to prevent former President Donald Trump from introducing “irrelevant disinformation” into his D.C. election subversion trial.
The motion aims to prohibit Trump from using certain arguments in his defense that prosecutors consider misleading and irrelevant.
The filing came after the case was paused as Trump seeks presidential immunity from prosecution. (Trending: Democrat Targets U.S. Troops With New Gun Control Law)
“Although the Court can recognize these efforts for what they are and disregard them, the jury — if subjected to them — may not,” wrote Jack Smith’s team.
“The Court should not permit the defendant to turn the courtroom into a forum in which he propagates irrelevant disinformation, and should reject his attempt to inject politics into this proceeding,” they continued.
“Deranged Jack is so Viciously and Desperately Angry that the Supreme Court just unanimously rejected his flailing attempt to rush this Witch Hunt, that he is ignoring the Law and clear instructions from the D.C. Court that this ‘case’ should be stayed, and there cannot be any more filings,” wrote Trump on Truth Social.
“Today’s pathetic motion is not just Illegal, it is also another Unconstitutional attempt to take away my First Amendment Rights, and to prevent me from saying the TRUTH — that all of these Hoaxes are nothing but a political persecution of me, the MAGA Movement, and the Republican Party by Crooked Joe and his Despicable Thugs,” he continued.
Legal experts believe that Trump’s state of mind is relevant to the charges, but Trump’s inability to testify may pose challenges.
Despite efforts to restrict irrelevant arguments, enforcing evidence rules may prove difficult given the defendant’s status.
Former U.S. Attorney Harry Litman said, “If Chutkan rules for Smith, it’s hard to see how Trump can sneak in evidence of his state of mind.”
“But, like the lead argument in the motion to keep Trump from making irrelevant political charges, this will be an area where, if Chutkan grants the motion, Trump will try all kinds of sneaky maneuvers at trial to get around it,” explained the former prosecutor.
Former federal prosecutor Renato Mariotti said, “All of that information, all of those allegations, all of those opinions would be totally irrelevant and prejudicial and should not be allowed.”
“That said, prosecutors keep defense attorneys from saying things that are inappropriate in trial and defense attorneys find ways to say them anyway,” he continued.
“It will be interesting to see how that plays out at trial. My suspicion is that Judge Chutkan will try very hard to shut down these irrelevant arguments and assertions, that have nothing to do with the facts of the case specifically and whether or not he’s guilty as charged,” said Mariotti.
“It’ll be harder for her to actually rein in the defense counsel, and I suspect that they are going to push against her and get her and get out what they want to get out in front of the jury, even if it means drawing the ire of the judge,” concluded the former prosecutor.
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