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This is why legal experts are talking about Jack Smith’s new Trump case file
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This is why legal experts are talking about Jack Smith’s new Trump case file

On Wednesday, US District Judge Tanya Chutkan has unsealed an important document from special counsel Jack Smith’s election inferences case against Donald Trump. The 165-page report contains extraordinary new details about the former president’s plan to stay in power in the days after the 2020 election.

Smith’s filing highlights why the government believes Trump can still stand trial despite the Supreme Court ruling in July that he is immune from prosecution for official acts.

While you may not have gotten to the end of the extensive dossier, MSNBC’s legal analysts broke down the most damning allegations during their on-air appearances this week.

“Lawyer at its best”

Andrew Weissmann, who served as lead prosecutor in special counsel Robert Mueller’s Russia investigation, described Smith’s assignment as “one bombshell after another” and compared the revelations to those of Watergate.

Neal Katyal, the former acting attorney general of the United States, called the file “an excellently written document.”

“It’s really advocacy at its best, trying to tell the story of what Donald Trump did on January 6 and in the days leading up to it,” he said Wednesday night.

That includes new details about how Trump reportedly tried to put pressure on then-Vice President Mike Pence. Pence was not the central figure in the House committee’s Jan. 6 report because, as Weissmann explained, the panel had far fewer resources to collect evidence than prosecutors. But in Smith’s unpublished order, Pence is the “key player,” Weissmann said.

“In many ways, Jan. “The No. 6 Committee report – because they had that loophole – was a bit like ‘Hamlet’ without Hamlet,” he told MSNBC’s Lawrence O’Donnell. “And here … he (Pence) is very active. “He sits and watches what he believes is the last gasp of his administration.”

According to prosecutors, Trump verbally attacked Pence during a phone call on January 1, 2021, after the then-vice president submitted a brief objection to a lawsuit that Trump and his allies had filed to force Pence to help overturn the election.

On the call, Trump told Pence that “hundreds of thousands” of people “are going to hate your guts” and “people are going to think you’re stupid,” according to Smith’s report. Trump called Pence “too honest,” prosecutors said.

“What (Smith) is saying is that Trump did all of these things, like putting pressure on Pence, that was not part of the presidential power under Article 2 of the Constitution. “This was a guy who just wanted to keep his job,” Katyal told “11th Hour” host Stephanie Ruhle.

“Confirmatory evidence”

What struck Barbara McQuade, a former U.S. attorney, most was “the strength of the corroborating evidence” in the brief.

In the In the filing, prosecutors alleged that a Trump White House adviser overheard the former president telling his daughter Ivanka Trump and her husband Jared Kushner, “It doesn’t matter whether you won or lost the election.” You still have to fight like hell.”

“One of the elements here will be (to prove) that Donald Trump committed fraud,” McQuade said Thursday on “Morning Joe.” “I think these types of details will help make this case stand up to cross-examination in court and, perhaps, the skepticism of 12 jurors who will need to be convinced beyond a reasonable doubt that this defendant is guilty.”

But before Smith can make it to trial, Chutkan must decide whether the case can proceed.

As Former U.S. Attorney Chuck Rosenberg said: “All of this is to convince them (Chutkan) that all of these acts are criminal offenses, that they are not immune,” Rosenberg said Thursday on “Morning Joe.”

“All it (the Supreme Court) had to do was promulgate a rule. Judge Chutkan.” has the really hard task of implementing the rule, and he (Smith) is trying to give her a path, a roadmap, to implement the rule in a way that, in her opinion, means that Mr. Trump is still responsible for all of these unofficial actions can be prosecuted as a candidate.”

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