Special counsel Jack Smith submitted a filing Wednesday that indicated he has testimony from members of Congress that he intends to use in Donald Trump's 2020 election trial.
Smith requested that, when trial witnesses are cross-examined, Trump's lawyers be barred from asking questions that would force them to breach attorney-client privilege or the Speech and Debate Clause.
MSNBC legal analyst Lisa Rubin pointed out that the only people with the ability to use the Speech and Debate Clause are elected members of Congress. As the President of the Senate and vice president, Mike Pence also is protected by the Clause according to a judge's 2023 ruling. So, Smith may also be trying to protect Pence from attacks by Trump's lawyers.
Rubin thinks that making the motion at all is tipping Smith's hand about the information he has.
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The officials Smith could be preparing to call might be members from the House Select Committee who investigated the 2020 election fraud and the Jan. 6 attack. They could also be officials who heard calls or observed behavior on Jan. 6 that goes to prove Smith's argument that Trump was egging on the rioters despite calls from lawmakers.
She went on to say that Trump's team will likely respond with more than their typical "sharp, swift reply." They also might complain that, once again, Smith is filing documents and forcing them to work when they're waiting for Trump's appeal of his "absolute immunity" claim.
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