Following a bombshell report by ABC, legal experts, including former prosecutors Dennis Aftergut and Bennett Gershman, agreed that Jack Smith has a “kryptonite” in the D.C. case against the former president.
The Plot Thickens
ABC News report claims that a source close to Smith revealed interviews with Dan Scavino, Trump’s former deputy chief of staff and current senior adviser to his 2024 reelection campaign. While Scavino avoided the January 6 committee, he had to comply with a grand jury subpoena.
Ex-Federal Prosecutor Weighs In
Dennis Aftergut, now counsel to Lawyers Defending American Democracy, wrote for Slate that “the new evidence will be kryptonite to Trump’s hopes for avoiding a conviction.” He described that reported statements were “loaded with cruelty, self-interest, and abandonment of allies.”
Scavino’s Alleged Testimony Shines a New Light
The former prosecutor reminded that Trump’s tweet, “Mike Pence didn’t have the courage to do what should have been done,” was, per the Wall Street Journal, a “critical moment.” According to the new reports, Trump only shared it on then-Twitter once Scavino left the room.
Dramatic Proof
Temidayo Aganga-Williams, former senior investigative counsel for the House Select Committee to Investigate the January 6th Attack, spoke to Salon and dropped another potential bombshell, “It seems that as Smith’s prosecution team keeps building its case with dramatic new proof, the case appears to be so gaining momentum and appears to be so overwhelming that reluctant or scared witnesses might decide to cooperate and avoid getting themselves entangled in the case as defendants.”
Former NY Prosecutor Talks About the New Report
Bennett Gershman, a former New York prosecutor and law professor at Pace University, told Salon that Trump’s “nonchalant indifference to Vice President Pence’s safety and welfare” offers proof that the then-president wanted to “incite an insurrection.”
Examining Trump’s Alleged “Inaction”
Gershman added the proof would be “powerful circumstantial” evidence in the case and counted how “by his inaction to demonstrate his intent that the insurrection effectively stops Congress from doing its constitutional duty to certify the election results.”
“Trump’ Criminal State of Mind”
Aftergut, in his analysis, also discussed Smith’s strategy, claiming “Smith would offer the evidence to prove Trump’ criminal state of mind, a necessary element of every offense.” With his closest allies reportedly talking to the DOJ, it “seal his fate in the trial to come,” the former federal prosecutor concluded.
Trump Wanted Smith Locked Up
Days before the January 6’s third anniversary, Trump’s legal team filed a motion that said Smith should be held in contempt. Trump attorney John F. Lauro wrote in the filing, “All substantive proceedings in this court are halted. Despite this clarity, the prosecutors began violating the stay almost immediately.”
But There’s a Catch
Bradley P. Moss, specializing in litigation involving federal employment laws, shared on X, “The proceedings are stayed. Trump doesn’t have to do anything in response to the filings. Doesn’t stop DOJ from still producing discovery and filing things.”
It’s All Up to SCOTUS
Moss added, “If the case is thrown out by the Supreme Court, the filings will become irrelevant.” The biggest question, apart from SCOTUS’ decision, is how far delays will push the D.C. trial.
More From the Report
According to the ABC report, former Trump aide Nick Luna spoke about Mike Pence. He allegedly told Trump that Pence was rushed to a secure location after the rioters started changing “Hang Mike Pence” in front of an improvised guillotine. Trump reportedly responded, “So what?”
No Care in the World
Luna reportedly told federal investigators that Trump’s absence of care for Pence’s wellbeing showed he was “capable of allowing harm to come to one of his closest allies.” The same source also said it took aids 20 minutes to convince Trump to post a message to calm down the protestors, and allegedly, he did not write it.
More Questions
In December, the appeals court said Mark Meadows couldn’t move Georgia election case charges to federal court. But whether Trump’s chief of staff was working with Smith is still up in the air. Initial reports said he was cooperating with the DOJ, which, if true, could give more insight into what had happened before and during the Capitol riots.
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