The former president’s legal brief contends that Smith’s evidence has been ‘unlawfully cherry-picked’ and ’mischaracterized’ thus far.
It is crucial to continue fighting vigorously,” Rahmani emphasized to The Epoch Times, highlighting the significance of the motion in proving Trump’s acknowledgment of his election loss and his determination to challenge the results regardless.
Roger Severino, a former DOJ attorney and Trump administration official, expressed skepticism to The Epoch Times about Smith’s chances of success with his current case. He remarked, “They’re still grasping at straws to establish a criminal conspiracy.”
Severino suggested that Smith needed to demonstrate not only that Trump’s actions were not protected but also that there was a deliberate plan by multiple individuals to deceive with the intent of obstruction.
The outcome of much of the case may be influenced by the November election. If Trump were to win, it is likely that he would drop the case upon assuming office. However, if he loses, he could face potential imprisonment and have to defend himself against various legal challenges, including motions to dismiss.
Regarding immunity, criminal defense attorney Keith Johnson explained to The Epoch Times that Trump’s defense would likely argue that his communications with staff were official in nature. The defense strategy would focus on portraying Trump’s discussions with high-ranking government officials, rather than campaign personnel, as evidence of official presidential communications.