Special counsel Jack Smith’s classified documents case against former President Donald Trump is likely to be tossed out in large part or in full because of a procedural error, according to investigative reporter Paul Sperry.
The RealClearInvestigations correspondent cited unnamed “legal insiders” in an X platform post, writing, “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.”
Also, Sperry intimated that Smith’s case is not built on substantial evidence but instead relies largely on inflammatory rhetoric meant to sway a jury.
“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)” he wrote in another X post.
Sperry also claimed that Smith’s case relies in large part on an “emoji.”
“DEVELOPING: Jack Smith’s Mar-a-Lago obstruction case against Trump is based on an emailed ’emoji’ related to security camera footage that was never actual [sic] destroyed, according to legal insiders,” he tweeted.
Part of Smith’s case against the former president has already been tossed.
U.S. District Judge Aileen Cannon of the Southern District of Florida, a Trump appointee who is overseeing the case, invalidated two of Smith’s sealed filings early last month.
Kyle Cheney, a senior legal correspondent for POLITICO, wrote via X (Twitter): “Judge CANNON comes out swinging at special counsel this morning, striking two of prosecutors’ sealed filings and demanding an explanation of ‘the legal propriety of using an out-of-district grand jury proceeding to continue to investigate’ the docs case.”
Cannon wrote that “The Special Counsel states in conclusory terms that the supplement should be sealed from public view ‘to comport with grand jury secrecy,’ but the motion for leave and the supplement plainly fail to satisfy the burden of establishing a sufficient legal or factual basis to warrant sealing the motion and supplement.”
She then denied the motion by the prosecution.
“Among other topics as raised in the Motion, the response shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district,” she wrote, directing the prosecution to respond within two weeks.
Conservative reporter Julie Kelly tweeted: “I told you Judge Cannon is legit. She is not going to tolerate Jack Smith’s bullsh*t. This is gold–she asks defense to raise possible grand jury abuse by DOJ for conducting nearly all of the investigation in DC then switching to FLA at last minute for indictment.”
Kelly added that “Cannon also won’t tolerate DOJs nonstop requests for secrecy. She already denied a govt motion asking to keep names of 80+ witnesses under seal.”
Florida Republican Rep. Matt Gaetz, meanwhile, has threatened to call Smith before a congressional committee after the special counsel filed additional charges against Trump.
The felony charges — which include conspiracy to defraud the United States — are part of the investigation into alleged attempts to overturn the 2020 election leading up to the January 6, 2021, attack on the US Capitol.
Gaetz took Smith to task, as well as fellow Republicans, after the filing.
“House Republicans should immediately demand that Jack Smith present himself for a transcribed interview with the Judiciary Committee in the next 15 days.,” Gaetz said in a Newsmax interview he posted to YouTube.