In a recent hearing, CNN senior legal analyst Elie Honig accused Special Counsel Jack Smith of bending legal procedures to undermine former US President Donald Trump’s electoral prospects. In a piece for ‘New York’ magazine titled “Jack Smith’s October Cheap Shot,” Honig criticised Smith’s actions following a new court filing related to Trump’s claim of immunity from prosecution, as reported by Fox News.
Smith, who has brought multiple charges against Trump, submitted a 165-page filing with Judge Tanya Chutkan, exceeding the typical limit of 45 pages.Judge Chutkan made the bulk of the document public after eliminating several names. This move comes after earlier efforts to fast-track Trump’s immunity hearing ahead of the November 5 presidential election, despite Judge Chutkan now saying she does not consider the election in her rulings.
Honig argues that Smith’s actions are meant to weaken Trump’s chances in the upcoming election. “Smith has essentially abandoned any pretense; he’ll bend any rule, switch up on any practice — so long as he gets to chip away at Trump’s electoral prospects,” Honig wrote. He added that this conduct “violates core Department of Justice principles.”
In federal criminal procedures, the defence typically files a motion following an indictment, and the prosecution responds. However, according to Honig, Smith overturned this process by filing his brief, without waiting for a defence motion. Although Judge Chutkan admitted the move was “procedurally irregular,” she ruled in Smith’s favour.
Smith had earlier raised concerns that Trump’s public comments might influence a jury, but now, according to Honig, he is using grand-jury testimony—normally kept secret at this point—in a way that could harm Trump, without giving him the chance to respond or challenge it.
Trump, who has pleaded not guilty to all charges, continues to argue that he is immune from prosecution related to the cases Smith is pursuing.