CNN legal analyst says Special Counsel Jack Smith bent rules to get ‘cheap shot’ in on Trump before election

Special counsel Jack Smith "bent mean procedure" to kneecap erstwhile President Trump aft helium failed to effort the campaigner earlier the November election, a ineligible expert argued successful a portion for New York Magazine.

In Thursday's "Jack Smith's October Cheap Shot" essay, CNN elder ineligible expert Elie Honig analyzed Smith's determination to driblet a 165-page national tribunal filing related to the contented of Trump's immunity from prosecution.

According to Honig, Smith successfully received support from Judge Tanya Chutkan to record a 180-page agelong brief—four times the mean maximum. 

Honig noted that Chutkan present claims she does not attraction astir the upcoming predetermination contempt earlier efforts to expedite Trump's immunity and get it successful earlier November 5. After redacting respective names, she complied with Smith's petition and made the remainder of the little public.

5 KEY DETAILS IN SPECIAL COUNSEL JACK SMITH'S TRUMP ELECTION CASE FILING

Special Counsel Jack Smith delivers remarks connected a precocious unsealed indictment including 4 felony counts against erstwhile U.S. President Donald Trump astatine the Justice Department connected August 1, 2023 successful Washington, DC. (Alex Wong/Getty Images)

"The larger, if little obvious, header is that Smith has fundamentally abandoned immoderate pretense; he'll crook immoderate rule, power up connected immoderate signifier — truthful agelong arsenic helium gets to spot distant astatine Trump's electoral prospects. At this point, there's simply nary defending Smith's behaviour connected immoderate benignant of principled oregon organization basis," Honig wrote.

He added that Smith's "unprincipled, norm-breaking practice" is neither a effect nor an excuse to suggestions that voters should person the utmost accusation astir statesmanlike candidates earlier they formed their ballot.

In modular transgression process and nether national rules, a authoritative archetypal files an indictment, the defence makes a question and past the prosecution responds to said motions. However, Honig said Smith turned these rules "on their head" erstwhile helium asked Chutkan to record without a pending defence motion.

"Trump's squad objected, and the justice acknowledged that Smith's petition to record archetypal was 'procedurally irregular' — moments earlier she ruled successful Smith's favor, arsenic she's done astatine virtually each consequential turn," Honig continued.

PROSECUTORS REQUEST INDEFINITE DELAY IN TRIAL FOR TRUMP ASSASSINATION ATTEMPT SUSPECT RYAN ROUTH

Former President Donald Trump speaks astatine the U.S.-Mexico borderline connected August 22, 2024 southbound of Sierra Vista, Arizona. (Rebecca Noble)

He stressed that Smith's proactive filing is "prejudicial" to Trump successful the ineligible and governmental sense, but besides ironic due to the fact that Smith antecedently complained that Trump's words mightiness taint the assemblage excavation for the case.

Now, Smith is utilizing grand-jury testimony, which often remains hidden astatine this signifier of a case, and has drafted a monolithic papers that "contains each mode of damaging statements astir a transgression defendant, made extracurricular of a proceedings mounting and without being subjected to the rules of grounds oregon cross-examination."

Honig besides claimed that Smith's behaviour violates halfway Department of Justice (DOJ) principles and policy.

CLICK HERE TO GET THE FOX NEWS APP 

In his words, "If prosecutors crook their principles depending connected the individuality of their prey, past they've got nary principles astatine all."

In the unsealed filing, Smith told the tribunal that Trump is not immune from the remaining allegations against him and laid retired his lawsuit for wherefore Trump "must basal proceedings for his backstage crimes."

Fox News Digital reached retired to the Justice Department for comment.

Trump has pleaded not blameworthy to each charges brought against him by Smith.