'How do you defend that?' Legal expert claims Trump is playing into Jack Smith's hands

A bombshell court filing by special counsel Jack Smith includes a key detail that shows Donald Trump is playing right into his prosecutor's hands, a legal expert argued Monday.

In their weekly "Jack" podcast, analyst Allison Gill and former deputy director of the FBI, Andy McCabe, cited a piece of the filing in which Smith points to Trump's "disregard for the truth."

"Jack Smith has all this proof. It's cited in redacted footnotes in this motion," Gill said. "The evidence includes [Mike] Pence, as his running mate, telling him they lost. To 'take a bow.'" He goes on to tell Trump they could run again in 2024."

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Smith also said in the filing that he "intends to show a huge pattern of false voter fraud claims," summarized Gill.

"The defendant and his co-conspirators also demonstrated their deliberate disregard for the truth and thus their knowledge of falsity when they repeatedly changed the numbers in their baseless fraud allegations from day to day," Smith wrote.

"At trial, the government will introduce several instances of this pattern in which the defendant and co-conspirators' lies were proved by the fact that they made up figures from whole cloth," the filing continued.

"It's about the totality of the evidence. The pattern, right?" said Gill.

McCabe wondered how Trump's defense can prepare for that when the case goes to trial.

"How do you defend against that? Do you just say, 'Oh, we were dumb. We didn't know. We were mistaken all six times,'" McCabe speculated.

"I had seen those numbers somewhere," Gill chimed in with her own mock defense. "But they kept changing the numbers."

"From 32,000 to 250,000. I mean, it's that blatant," said McCabe.

"Yeah, and he does it all the time," said Gill before slipping into her Trump impression: "'We have 3 million illegal immigrants. Ten million. Twenty-five million, 345,000 children.' Like, he makes these numbers up. 'I had 107,000 people at my rally in New Jersey.'"

"He just makes them up out of whole cloth and the fact pattern here is what is important," said Gill. "He has a history and a pattern of creating numbers out of whole cloth that Jack Smith says will prove that these allegations of fraud are baseless."

Listen to episode 97 of the podcast here.