Trump lawyers will draw 'ire of the judge' by pushing conspiracy theories to jury: expert
Special counsel Jack Smith has made a filing that seeks to prevent former President Donald Trump and his attorneys from using political attacks and other irrelevant side criticisms of the integrity of the process during his trial in the 2020 election conspiracy case.
But even if U.S. District Judge Tanya Chutkan, who has currently paused trial proceedings pending the resolution of the former president's immunity claim at the appellate court, grants Smith his request, Trump's attorneys will try to find clever ways around it, warned former federal prosecutor Renato Mariotti on CNN Wednesday.
"I want to talk about ... this new filing from special counsel Jack Smith, putting parameters around his president and team to not allow them, and [I'm] quoting here, 'a forum in which he propagates irrelevant disinformation,'" said anchor Jessica Dean. "It's very specific. What's your reaction to this filing?"
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"Well, when it comes to the federal rules of evidence, Jack Smith is right," said Mariotti. "All of that information, all of those allegations, all of those opinions would be totally irrelevant and prejudicial and should not be allowed."
Trump has repeatedly attacked Smith, calling him "deranged" and claiming that the whole trial is a setup by President Joe Biden to take him out of the presidential race — none of which, if Smith has his way, should be presented to the jury.
"That said, prosecutors keep defense attorneys from saying things that are inappropriate in trial and defense attorneys find ways to say them anyway," said Mariotti. "It will be interesting to see how that plays out at trial. My suspicion is that Judge Chutkan will try very hard to shut down these irrelevant arguments and assertions, that have nothing to do with the facts of the case specifically and whether or not he's guilty as charged."
That said, he added, "I think it'll be harder for her to actually rein in the defense counsel, and I suspect that they are going to push against her and get her and get out what they want to get out in front of the jury, even if it means drawing the ire of the judge."
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Renato Mariotti says Trump's defense will try to make disallowed arguments www.youtube.com