Special counsel Jack Smith on Wednesday asked a judge to bar former President Donald Trump’s legal team from using political talking points at his upcoming election subversion trial in Washington D.C. In a 20-page filing, Smith and his team of prosecutors wrote to U.S. District Court Judge Tanya Chutkan, arguing that Trump’s attorneys should not be permitted to raise “irrelevant political issues or arguments in front of the jury,” like his claim that he is the target of a "selective and vindictive prosecution," according to The Hill.
“In addition to being wrong, 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 must be excluded,” Smith’s team stated. “Although the defendant is entitled to cross-examine the Government’s law enforcement witnesses about matters fairly within the scope of their direct testimony, he cannot raise wholly irrelevant topics in an effort to confuse and distract the jury,” prosecutors added. “Much as the defendant would like it otherwise, this trial should be about the facts and the law, not politics.”
“A bank robber cannot defend himself by blaming the bank’s security guard for failing to stop him," the filing added. "A fraud defendant cannot claim to the jury that his victims should have known better than to fall for his scheme. And the defendant cannot argue that law enforcement should have prevented the violence he caused and obstruction he intended.” The special counsel’s filing comes after the Supreme Court rejected his request to expedite arguments on whether Trump had presidential immunity from federal prosecution for crimes he is accused of committing while acting as president in his election subversion case.
Prosecutors are also seeking to exclude evidence about "cross-examination that would cause unnamed government witnesses to breach attorney-client privilege or protection under the Constitution’s Speech and Debate clause," noted MSNBC legal analyst Lisa Rubin. "Put another way, the government is making clear they have testimony from Trump lawyers and/or members of Congress."
Among other things Smith wants Trump barred from raising to the jury:
— Kyle Cheney (@kyledcheney) December 27, 2023
-Agency prep for Jan. 6
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-Cross-examination Qs to witnesses that might infringe on valid privileges. pic.twitter.com/xlowBFJj6A
