Special counsel Jack Smith, who filed court documents calling for former President Donald Trump to be banned from making "political attacks" in his upcoming trial, "should be scared," Trump attorney Alina Habba said Wednesday on Newsmax.
"This is a due process violation," Habba on Newsmax's "Greg Kelly Reports," saying 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, Habba said, will "gag you" while trying to use Trump's "popularity and his voice as a way to work against us and the American people so that people cannot hear the truth."
Smith, in papers filed Wednesday, said Trump should be barred during his federal trial on election subversion charges from telling jurors that he is being selectively prosecuted.
"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 trial is scheduled to start March 4, and will be the first trial on the criminal charges filed against him as he is campaigning for the 2024 presidential election.
"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."
Habba said Smith also shows he's running scared with his attempt to get the Supreme Court to rule quickly on whether Trump has immunity as a former president.
"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."
Meanwhile, Habba said that if judges would start applying the law in Trump cases, "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 in the polls, Habba added, 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."
Habba added that James is "absolutely determined to take him down ant 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."
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Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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