Trump is demanding prosecutors find 'evidence that probably doesn't exist': legal expert

Former President Donald Trump recently made a demand that special counsel Jack Smith turn over evidence as part of the discovery process to help him prove the 2020 election was really "stolen" from him.

While such evidence would likely be helpful to Trump at his upcoming election subversion trial, it also is highly unlikely to actually exist since multiple recounts and audits have repeatedly affirmed that Trump legitimately lost the 2020 election.

In analyzing this request, CNN legal analyst Elie Honig expressed skepticism that a judge would really force Smith and his team to go on a wild goose chase to find proof to back up Trump's conspiracy theories.

"As a prosecutor, you have very broad discovery obligations," Honig explained. "You have to turn over all your evidence, all your witness statements, basically open file, as we call it, at this point. You're entitled to that as a defendant... Donald Trump, what he's asking for is way beyond that. He wants to force prosecutors to go on fishing expedition... for evidence that probably doesn't exist. He says, 'Oh, there must be evidence somewhere in the U.S. government that there was massive election fraud.'"

Honig then broke down why courts were likely to slap this request down.

"That's also beyond the prosecutor's obligation," he said. "You have an obligation as a prosecutor to turn over everything that's in your control, that's in control of the FBI agents or other agencies you're working with. But you don't have to plumb the depths of the CIA or every governmental agency. It's an interesting filing, I think the judge will deny it."

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