A recent essay by CNN legal analyst Elie Honig has sparked discussions about the tactics used by Special Counsel Jack Smith in his prosecution of former President Donald Trump. Honig argued that Smith “bent ordinary procedure” to undermine Trump’s chances in the upcoming election by filing a lengthy legal brief designed to weaken the former president’s defense.
Smith’s 165-page court filing, which relates to Trump’s claims of immunity from prosecution, was submitted with permission from Judge Tanya Chutkan to exceed the typical page limit. Honig criticized this move, suggesting it was an unprecedented action aimed at influencing the election by publicly releasing potentially damaging information about Trump, without the usual procedural safeguards.
Honig contended that Smith’s decision to preemptively file the brief without a motion from Trump’s defense team broke standard criminal procedure. He accused Smith of manipulating the system to harm Trump’s electoral prospects, citing the use of grand jury testimony and other untested evidence in the brief, which would not normally be subject to cross-examination or evidentiary rules.
The essay also highlighted the irony in Smith’s approach, as the Special Counsel had previously expressed concern about Trump’s statements potentially tainting the jury pool. Now, Honig argued, Smith himself is publicizing information that could sway public opinion against Trump before the trial.
Trump, who has pleaded not guilty to all charges, continues to assert his innocence as the legal battle unfolds ahead of the 2024 election.