Special Counsel Jack Smith’s “October surprise” filing in President Donald Trump’s Jan. 6 case appears to have backfired on the Democrats.
Smith’s filing is a “big win” for Trump, according to Joyce Vance, a former federal prosecutor appointed by Barack Obama.
The judge in the case, Obama-appointed Tanya Chutkan, last week released a 165-page filing from Smith that accuses Trump of “resorting to crimes” to stay in power.
While many have accused Smith of interfering in the presidential election, legal expert Vance said the filing is beneficial to Trump.
Vance notes that Smith’s move gives Trump’s lawyers a map of the trial.
During an appearance on the “Stay Tuned With Preet Bharara” podcast, Vance said:
“This brief puts Trump’s team in a better position to respond, to make their own immunity arguments, and to prepare their case.”
Smith’s move has been condemned by legal analysts across the aisle as a breach of legal ethics.
CNN’s legal expert Elie Honig called the filing a “cheap shot” aimed at kneecapping Trump’s campaign.
Meanwhile, some are skeptical that Smith’s filing will have any impact on voters.
“This is, in fact, a win for Trump,” Vance insisted.
“And I guarantee you that nobody in the public who spent their time reading 165 pages in detail didn’t have their mind already made up about this election, right?
“The broad contours here, they are well known.
“This is not impacting the election.”
Smith was desperate to prosecute Trump before the election, but the case was delayed by Trump’s appeals on the issue of presidential immunity.
The Supreme Court ruled in July that presidents have broad immunity from prosecution for their official acts.
The ruling forced Smith to tailor his sweeping indictment.
Smith’s superseding indictment retains many of the allegations against Trump.
However, Smith instead refers to Trump as a political candidate rather than a sitting president.
Given the low odds of Trump receiving a fair trial in deep blue Washington D.C., his best hope of exoneration likely lies with winning the presidency and having the case dismissed outright.
The court has been publishing “evidence” submitted by Smith.
However, making the unverified information public seeks only to hurt Trump’s campaign.
On Thursday, Trump’s lawyers asked the judge not to release any more of Smith’s “unlawfully cherry-picked and mischaracterized” evidence while voting is underway.
“There should be no further disclosures at this time of the so-called ‘evidence’ that the Special Counsel’s Office has unlawfully cherry-picked and mischaracterized—during early voting in the 2024 Presidential election—in connection with an improper Presidential immunity filing that has no basis in criminal procedure or judicial precedent,” his lawyers wrote.
READ MORE – Jonathan Turley: Jack Smith’s ‘October Surprise’ against Trump Could ‘Backfire’
