'Display of strength': ex-federal prosecutor says Jack Smith is showing Trump how good his case is

Jack Smith's most recent filing the criminal case against Trump is a "surprising" one and it demonstrates that the prosecutor is attempting to show the former president exactly what he's in for at trial, according to a former federal prosecutor.

Former U.S. attorney Joyce Vance, who spent 25 years as a federal prosecutor, appeared Thursday evening on "The 11th Hour with Stephanie Ruhle," where Vance was asked what stands out to her about Smith's most recent filing. The filing provided evidence Trump would be faced with at Trial, including interviews with his associates.

Vance called the brief "a surprising filing."

"Prosecutors usually wait until they receive a request for discovery from defendants before they begin to turn over information. So it looks to me like a display of strength by Smith," she said. "He wants Trump to see precisely how good the case against him is."

Vance further noted that prosecutors "aren't required to turn over witnesses statements until after they actually have testified at trial."

"The practice is, as a practical matter, to turn those statements over a little bit and in advance of the trial, maybe a couple of weeks to get the defendant time to prepare," she added. "But this is Smith's move out at the gates: here are all of my statements and witnesses that will testify to at trial. It is really designed to show defense how good his case is."

When asked why Smith wouldn't just surprise Trump at trial, Vance explained that you can't do that in our system.

"In the federal system, there is no such thing as trial by surprise. Prosecutors are obligated to turn over the bulk of their evidence. There is a legitimate question of timing. What is unusual here that they front loaded the turnover. There is a lot to be said for putting on displays of strength of your case to a defendant, and to a defendant like Trump who never faced accountability before, this is going to lead to a real moment with his lawyers, where they will have to level with him about what he is facing, if he chooses to go ahead."

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