This news could be HUGE for Trump.
Special Counsel Jack Smith has quite a heavy burden to bare as the pressure continues to mount for him to deliver a crushing blow to Trump in his classified documents case.
However, it looks like legal insiders have begun to question the strength of his legal strategy…and a big chunk of the case may be tossed altogether.
Investigative journalist Paul Sperry recently reported on X that the documents unsealed as part of the case rely heavily on “inflammatory language” rather than facts, raising questions about whether it will stand up under judicial scrutiny and lead to a substantial part of the case being tossed.
NEW: Jack Smith's Jan. 6 indictment of Trump repeatedly relies on a fuselage of subjective, even inflammatory language devoid of underlying facts and evidence to appeal emotionally to jurors, including:
"fraudulent/fraudulently" (63)
"false/falsely" (94)
"fake" (5)
"sham" (3)
— Paul Sperry (@paulsperry_) August 29, 2023
Smith has charged President Trump with “fraud/fraudulent,” “false/falsely,” and five mentions of “fake.”
He is arguing that Trump relied on the Presidential Records Act instead of the Espionage Act when handling sensitive information about America’s nuclear arsenal and military readiness.
Furthermore, he claims that security footage from Mar-a-Lago was destroyed before FBI agents were able to view it—though this is not supported by evidence—and he alleges that Trump made false statements even though no federal agent interviewed him following an FBI raid at Mar-a-Lago.
DEVELOPING: Legal insiders say Jack Smith's USC 1001 false statement charges against Trump will be tossed since Trump was never even interviewed by a federal agent
— Paul Sperry (@paulsperry_) August 29, 2023
Trump’s attorneys have stated they plan to seek total dismissal of this case based on prosecutorial misconduct.
It appears Smith is relying heavily upon inflammatory language in order to emotionally appeal to jurors rather than providing facts or solid evidence—which may be insufficient for this case if it goes to court.
Additionally, Alina Habba has pointed out how FBI agents ordered Mar-a-Lago staff to turn off security cameras during the raid and argued prosecutors have attempted to convince grand juries of Trump’s guilt without any tangible proof.
It remains unclear whether or not these legal tactics will ultimately succeed, but Judge Aileen Cannon has ruled that proceedings will not begin until May 2023 so time will tell if Smith can make his argument stick in court or if President Trump ends up getting away scot free due to weak prosecution strategies employed by Smith and his team.
