Criticism Mounts as Special Counsel Challenges Former President Trump's Legal Immunity in Court

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ICARO Media Group
Politics
04/10/2024 23h21

### Jack Smith Criticized for Legal Tactics in Trump Case

Special Counsel Jack Smith is being accused of bending legal norms to disadvantage former President Trump, according to a piece by CNN senior legal analyst Elie Honig in New York magazine. Honig scrutinized Smith’s tactic of submitting a 165-page federal court filing concerning Trump’s immunity from prosecution, calling it a strategic move to impact Trump’s electoral chances.

Smith was granted permission by Judge Tanya Chutkan to submit a 180-page brief, significantly exceeding the typical limit. Despite earlier efforts to expedite the immunity issue before the November 5 election, Chutkan allowed the lengthy filing after redacting several names, making it publicly available.

Honig argues that Smith’s actions demonstrate a willingness to flout procedural norms. He claims Smith’s strategy appears aimed at undermining Trump's electoral prospects, abandoning any pretense of principled conduct. Honig pointed out that Smith’s approach does not align with federal rules, where typically, the defense would first make a motion to which the prosecution would respond.

Judge Chutkan acknowledged the procedural irregularity of Smith’s request but ruled in his favor nonetheless. This move, Honig claims, is prejudicial to Trump both legally and politically. He highlighted the irony of Smith’s complaint about Trump’s statements potentially tainting the jury pool while Smith himself released grand-jury testimony and a large document filled with damaging statements without cross-examination.

Further, Honig noted that such conduct contravenes principles and policies of the Department of Justice. He stated that if prosecutorial principles vary based on the defendant, then those principles are fundamentally flawed.

In the unsealed brief, Smith argued that Trump is not immune from the charges against him, asserting that Trump must face trial for his alleged private crimes. Trump has pleaded not guilty to all charges brought forth by Smith.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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