(TheRedWire.com) – In a recent legal development, Special Counsel Jack Smith submitted a filing on Wednesday, suggesting he possesses testimony from Congress members that could play a crucial role in the trial concerning Donald Trump’s actions during the 2020 election.
In this filing, Smith proposed a specific condition for the cross-examination of trial witnesses. He asked that Trump’s legal team be restricted from posing questions that would compel witnesses to violate attorney-client privilege or the protections of the Speech and Debate Clause.
Legal analyst Lisa Rubin from MSNBC interpreted this move as significant. She noted that the Speech and Debate Clause is a privilege exclusively applicable to elected members of Congress. Additionally, a 2023 judicial ruling extended this protection to Vice President Mike Pence in his capacity as the President of the Senate. Rubin speculated that Smith’s motion could be an effort to shield Pence from potential probing by Trump’s attorneys.
Rubin suggested that Smith’s motion gives a hint about the nature of evidence he may possess. The potential witnesses Smith is considering could include members of the House Select Committee, which investigated allegations of fraud in the 2020 election and the events of January 6. These witnesses might provide testimony about calls or behaviors they observed on January 6, which could support Smith’s argument that Trump incited the rioters, despite pleas from lawmakers.
Rubin also predicted that Trump’s legal team might react strongly to this development. She anticipates a response beyond their usual brisk and assertive rebuttals. Additionally, Rubin indicated that Trump’s team might express frustration over Smith’s continual document filings, which they perceive as a distraction while awaiting the appeal decision on Trump’s claim of “absolute immunity.”
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