Prosecutors urge clampdown on ‘irrelevant and prejudicial’ evidence in election subversion case

WASHINGTON (CN) — As the trial date for former President Donald Trump’s election subversion case draws closer, the federal government’s lead prosecutor implored a judge Wednesday to block what he framed as efforts by the former president and his legal team to inject politics into the process.

If approved, the motion filed in D.C. federal court by Special Counsel Jack Smith would restrict what arguments Trump and his attorneys can make before a jury during the forthcoming trial into his role in attempts to overturn the results of the 2020 presidential election.

The special counsel’s filing comes amid a pause in proceedings, implemented this month by U.S. District Judge Tanya Chutkan while the U.S. Supreme Court considers a claim from Trump and his legal team that the former president is immune from prosecution.

In Wednesday’s motion, Smith told the court that the former president has “attempted to inject into this case partisan political attacks and irrelevant and prejudicial issues that have no place in a jury trial.”

“Although the court can recognize these efforts for what they are and disregard them,” the special counsel added, “the jury — if subjected to them — may not.”

Smith urged Chutkan to exclude a slew of evidence and arguments presented by the former president’s legal team which he said are “irrelevant and prejudicial” and have little to do with his guilt or innocence in the election subversion case.

Among those, the special counsel pointed to claims by the Trump team that the former president and current 2024 front-runner has been a victim of selective prosecution. Trump has also posited the charges against him, returned by a grand jury over the summer, are a form of election interference directed by current President Joe Biden.

“In addition to being wrong,” Smith told the court, “these allegations are irrelevant to the jury’s determination of the defendant’s guilt or innocence, would be prejudicial if presented to the jury, and must be excluded.”

The special counsel also accused Trump and his attorneys of trying to inject politics into the forthcoming trial by raising claims of prosecutorial misconduct and otherwise trying to impugn the integrity of the government’s investigation into election subversion.

Further, Smith told Chutkan that Trump and his team should not be allowed to raise legal arguments before a jury — such as claims of presidential immunity — that are better left at the court’s discretion.

The special counsel argued Chutkan had made the right call in blocking claims of presidential immunity, and the court should further prevent the former president from using such an argument during the upcoming jury trial.

Smith also asked the court to exclude evidence from the Trump team aimed at litigating security issues related to the Capitol insurrection, which he said were an attempt to shift blame onto law enforcement. The special counsel contended that getting in the weeds about who was to blame for the riot would risk distracting a jury from the central issue of election subversion.

As of Wednesday afternoon, Judge Chutkan had yet to respond to Smith’s motion.

Meanwhile, Trump took aim at the special counsel for making his filing during a stay in proceedings, arguing in a statement Wednesday afternoon that Smith was “ignoring the law and clear instructions” from the court.

The former president’s election subversion trial is currently scheduled to begin March 4. That date, however, could change depending on the results of the Supreme Court’s presidential immunity review.

Follow @BenjaminSWeiss