Special Counsel Jack Smith’s only aim is to prevent former President Donald Trump from winning the 2024 election by rushing an “unconstitutional and fundamentally unfair trial,” Trump’s lawyers alleged in a court filing Tuesday.
Smith — who just asked the Supreme Court on Monday to directly take up Trump’s claim that his 2020 election case should be dismissed based on presidential immunity, without first letting the D.C. Circuit Court of Appeals consider the question — is simultaneously pushing to continue the pre-trial process in the district court. Prosecutors filed a motion Tuesday for a pretrial hearing on the use of classified information, which Trump’s lawyers noted in a filing that “the Court currently lacks jurisdiction to conduct.” (RELATED: Jack Smith Collected Images, Website Visits And Usage Data From Trump’s Cellphone)
The trial at the district court is currently scheduled for March 4, the day before Super Tuesday. Trump was indicted in August on four counts stemming from his alleged efforts to overturn the 2020 election.
Smith opposed Trump’s motion to freeze proceedings at the district court while his appeal on the presidential immunity issue is being considered the day before filing a separate petition at the Supreme Court. Trump’s lawyers called prosecutors’ opposition to pausing the district court proceedings “frivolous and unsupportable.”
Jack Smith Seems To Be Doing All He Can To Get Trump In Court Before The Electionhttps://t.co/qwoGVSJVkV
— Daily Caller (@DailyCaller) December 12, 2023
“Ignoring these realities, and without legal authority, the prosecution proposes a bizarre onesided proceeding in President Trump’s absence during the appeal,” they wrote. “In their dream world, notwithstanding the divestiture of jurisdiction, the prosecution would continue to file false motions with inaccurate descriptions of the evidence in order to harm President Trump’s reputation and bolster President Biden’s losing campaign, and the Court would ‘make headway’ by issuing advisory opinions on motions it lacks jurisdiction to address.”
Trump’s lawyers also wrote Tuesday that prosecutors’ repeated references to the “public interest” of a prompt trial is “nothing more than the partisan private interest of the Biden Administration in holding a show trial that falsely, unfairly, and unconstitutionally targets President Trump as he leads the 2024 Presidential race.”
“The Special Counsel was not elected or confirmed by the Senate,” they wrote. “The prosecution has no mandate other than marching orders from President Biden.”
Without a conviction, a recent Wall Street Journal survey found Trump would beat Biden by four points in a head-to-head race. But if Trump is convicted of a felony, Biden would win the same hypothetical match-up 46% to 45%, the survey found.
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