In a new motion, Jack Smith moved to exclude Trump’s claims that the criminal trial is election interference and made it clear that he has evidence from the former president’s own lawyers and members of Congress.
NBC News’s Lisa Rubin tweeted about Smith’s motion:
They also seek to exclude evidence about 1/6, including evidence about agency preparation for that day or cross-examination that would cause unnamed government witnesses to breach attorney-client privilege or protection under the Constitution’s Speech and Debate clause. 2/
— Lisa Rubin (@lawofruby) December 27, 2023
But maybe as significant is that the motion was made at all. The case is stayed as Trump’s immunity claims work their way through the D.C. Circuit, where oral argument is scheduled for 1/9. 4/
— Lisa Rubin (@lawofruby) December 27, 2023
The funny part of this dynamic is that the Trump legal team continues to complain that since there is a current stay, Jack Smith and his team should not be doing any work. Yet, Smith and his office continue to file motions and plow ahead as they plan to meet all of the pre-trial deadlines and, in the process, undercut Trump’s stall tactics.
The big bombshell is on page 19 of Smith’s motion, “The Government anticipates calling witnesses with knowledge of information protected by certain privileges, including the attorney-client privilege and the Speech or Debate privilege. If questioned about such information, those witnesses reasonably could assert the privilege that attaches. The defendant should be precluded from questioning witnesses about otherwise protected information on cross-examination unless he receives pre-clearance from the Court.”
Jack Smith has evidence to use against Trump that comes from Trump’s lawyers and members of Congress.
It would be speculation to guess which members of Congress have provided evidence against Trump, but it would not be surprising if it involved current or former Republicans who would have insight into Trump’s communications with Republican members of Congress in the Capitol during the 1/6 attack.
Jack Smith appears to have a lot of evidence to use against Trump, and we now know that at least some of it came from people close to the then-president.
Donald Trump is desperate to delay the 1/6 trial, because it looks like the Special Counsel has him nailed.
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