Special Counsel Wants to Bar Politics From Trump Trial
Jan 4, 2024
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Former federal prosecutor Robert Mintz and partner at Dorsey & Whitney, Austin Chambers, discuss Special Counsel's motion to bar politics and misinformation from Trump's trial for election interference. They also explore Google settling a $5 billion consumer class action privacy lawsuit.
The Special Counsel has filed a motion to prevent Trump's defense team from spreading disinformation during his trial, including claims of selective prosecution and blaming law enforcement or foreign influence.
The trial judge must strike a balance between allowing the defense to present their case and preventing the trial from becoming a circus, evaluating each defense individually for its basis and potential prejudice or distraction.
Deep dives
Special Counsel files motion to limit Trump's defense in criminal trial
The Special Counsel, Jack Smith, has filed a motion to prevent Donald Trump and his defense team from using the courtroom as a platform for spreading disinformation during his criminal trial for election interference. The motion aims to block 10 different types of evidence that the defense may raise, including claims of selective prosecution, blaming law enforcement for the events of January 6, and alleging foreign interference in the 2020 presidential election. The prosecutor argues that these potential defenses are irrelevant, distracting, and do not directly address the evidence against Trump. The judge will have to decide which defenses are admissible and how far the defense can go in presenting their case.
Judge's Role in Balancing the Defense's Freedom and Trial Control
The trial judge faces the challenge of deciding what defenses the defense attorneys can present without allowing the trial to become a circus or allowing the defense to go down irrelevant paths. While the judge must ensure a fair trial and give the defense an opportunity to present their case, they also need to prevent the trial from getting out of control and focus on the evidence directly relevant to the charges against Trump. The judge will evaluate each defense individually, considering the basis for raising it and the potential for prejudice or distraction.
The Validity of Trump's Alleged Selective Prosecution and Election Interference Claims
The defense has planned to argue selective prosecution, claiming that Trump is being treated differently from similarly situated defendants. However, the uniqueness and unprecedented nature of this case make it challenging to raise a successful selective prosecution argument. Additionally, the defense wants to blame law enforcement and foreign influence for the events of January 6 and the alleged unfairness of the election. However, the prosecutor argues that these arguments are irrelevant and attempt to shift blame away from Trump. The judge will have to determine whether these arguments have a reasonable basis and are admissible.
The Battle over Narrative Control and Potential Jury Nullification
The trial represents a battle between the legal and political views of the case. The prosecution aims to portray the trial as a fight between truth and disinformation, proof and propaganda, while the defense seeks to politicize the case and portray Trump as a victim. The defense may attempt to raise issues that are not directly relevant to the evidence presented, potentially aiming for jury nullification, where even one juror refuses to vote for conviction. The judge will need to ensure the trial remains focused on the evidence while giving the defense a reasonable opportunity to present their arguments.
Former federal prosecutor Robert Mintz, a partner at McCarter & English, discusses Special Counsel Jack Smith’s motion to stop Donald Trump from introducing politics and misinformation into his criminal trial for election interference. Austin Chambers, a partner at Dorsey & Whitney, discusses Google settling a $5 billion consumer class action privacy lawsuit. June Grasso hosts.