A filing made late Friday by Special Counsel Jack Smith is terrible news for failed former president Donald Trump, especially since he’s right in the middle of trying to win the 2024 election and doesn’t need more negative publicity with his poll numbers already tanking.
The 10-page filing contains one line in particular which should send a chill up Trump’s spine, Politico reports.
Smith notes in the filing that he is willing to proceeed with the case “promptly at any time the Court deems appropriate,” and it also includes a line that will worry Trump and his attorneys, according to former federal prosecutor Glenn Kirschner, who appeared on MSNBC to discuss the matter.
“There is one what I would call money line, and it’s on page two,” Kirscher began.
“Here is what I would call the money line: [Smith] says that the government, the prosecutors propose that it will file a brief in which we will explain why immunity does not apply to the categories of allegations in the superseding, the new indictment … ‘or additional unplanned categories of evidence that the government intends to introduce in trial and will put in this brief.'”
“What does that mean?” Kirschner continued. “Jack Smith just said, ‘Judge Chutkan, I’m going to put lots of other information and evidence about Donald Trump’s crimes and conduct so you have it all. So you can make a decision about whether each thing Donald Trump did was official or unofficial, might enjoy immunity, or should not enjoy immunity.'”
While the Supreme Court did indeed give Trump some immunity with a 6-3 ruling handed down in July, Kirschner explained, that immunity isn’t absolute and the high court made it clear individual judges will be left to decide what is covered by presidential immunity.
“What remains to be seen is when will Judge Chutkan say ‘okay, we’re going to litigate this issue. I want the briefs.’ Will they be September, will they be October?” Kirschner said. “Because those briefs, according to what Jack Smith said, are likely to contain a whole bunch of information that the grand jury knows about Donald Trump’s crimes, but that the American people do not yet know about.”
New information and evidence about how Trump allegedly tried to overturn the results of the 2020 election so he could remain in office might prove devastating, especially since voters are already leery of putting Donald back in office.
In other words, the filing from Smith is the worst possible news at the worst possible time and could be what winds up sending Trump to prison for a very long time.
Here’s the video of Kirschner’s MSNBC appearance: