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Former President Donald Trump’s lawyer and spokeswoman warned special counsel Jack Smith he should be concerned about his cases against her client after a U.S. Supreme Court ruling last week.
Alina Habba told Newsmax that Smith should be “scared” after the nation’s highest court rejected his request for a quick decision on whether Trump is covered under presidential immunity for alleged actions that occurred on or around Jan. 6, 2021, the day of the Capitol riot.
Smith, who filed court documents calling for Trump to be banned from making “political attacks” in his upcoming trial, “should be scared,” she told former Trump administration official Sebastian Gorka, who was filling in for regular host Greg Kelly.
“This is a due process violation,” Habba said, adding that Smith is “running scared.”
“They do it in the form of a gag order,” Habba said. “He doesn’t want, basically, any defense being brought by the defense. It’s what happened with the last trial I tried. It’s what will happen with the next one I try.”
Judges, she said, will attempt to “gag you” while trying to use her client’s “popularity and his voice as a way to work against us and the American people so that people cannot hear the truth.”
In court papers filed on Wednesday, Smith argued that “Trump should be barred during his federal trial on election subversion charges from telling jurors that he is being selectively prosecuted,” Newsmax reported.
“Through public statements, filings, and argument in hearings before the court, the defense has attempted to inject into this case partisan political attacks and irrelevant and prejudicial issues that have no place in a jury trial,” senior assistant special counsel Molly Gaston wrote in the papers. “Although the court can recognize these efforts for what they are and disregard them, the jury — if subjected to them — may not.”
Trump’s so-called “election interference” trial is scheduled to begin March 4. An Obama appointee is handling the case, U.S. District Judge Tanya Chutkan, who has already ruled against several motions filed by the former president. She has also imposed a gag order on him.
“That’s saying you cannot put your own defense,” Habba said. “That’s like saying you can’t have an expert on the (New York Attorney General) Letitia James case or gagging his lawyers, which has happened to me. I was gagged in the courtroom. I could not put on a defense on the record for the appellate division. I couldn’t say things that needed to be said. That is what our country has come to.”
She went on to speculate that Smith was running “scared” with his attempt to get the Supreme Court to quickly rule on the issue of presidential immunity.
Trump lawyer Alina Habba sums up Jack Smith’s ‘election interference’ case against Trump.
Smith should be worried. pic.twitter.com/ckJvt1V7b8
— USA Features Media (@UsaFeatures) December 29, 2023
“The only urgency that Jack Smith has, and all of them have, is election interference and trying to stop him before November 2024, which clearly they cannot do,” said Habba. “If you look at the polls, the American people, the independents, are switching because they see what is happening, and they’re afraid.”
If judges would begin to actually apply the law, she argued, “they would see that he has done nothing wrong. The only thing that’s going wrong is these (George) Soros-backed AGs and DAs that are trying to make a name for themselves.”
Trump can’t be stopped at the polls, she continued, so “they’re trying to stop him with these judges and AGs … you can look at who is funding this. It is one funding after another by people that are Soros-backed.”
She also said that James was “absolutely determined to take him down at any cost because the Trump name gets you votes whether you’re for him or against him. He is an epic individual, and this is really political motivation in lawfare.”