NBC News reports that former President Donald Trump's accusations of election interference by Special Counsel Jack Smith are misleading.
The release of a key filing in Trump's criminal case was actually ordered by a federal judge, not initiated by Smith.
Trump and his campaign have criticized the timing of the filing's release, claiming it violates Justice Department norms by potentially influencing the upcoming election. However, the decision to make the document public came from U.S. District Judge Tanya Chutkan, not the special counsel's office.
The Justice Department typically observes an informal 60-day "quiet period" before elections to avoid actions that could be perceived as influencing voters. However, Judge Chutkan's order to release the redacted filing supersedes this guideline.
Sources familiar with the matter revealed that Smith was unaware of when or if Chutkan would decide to release the document. This contradicts Trump's claims of intentional election interference by the special counsel's office. The filing in question contains new information about Trump's efforts to overturn the 2020 election results. It was submitted as part of the ongoing criminal case against the former president.
Some observers have drawn comparisons between this situation and former FBI Director James Comey's statements about Hillary Clinton's emails in October 2016. However, legal experts point out significant differences between the two scenarios.
In 2016, Comey made public comments about a presidential candidate who was not charged with any crime. In contrast, the current case involves a special counsel disclosing information in an active criminal proceeding against a former president who has been indicted by multiple federal grand juries.
Chuck Rosenberg, a former Justice Department official and NBC News legal analyst, emphasized that Smith's team followed proper procedures. He stated:
The case was previously indicted. Litigating that case is an obligation of the Smith team and not a violation of Justice Department guidelines. In any event, the Smith team properly sealed its filing. The judge properly unsealed it. It's really not any more complicated than that.
Trump has vehemently denied any wrongdoing and continues to characterize the case as politically motivated. On his Truth Social platform, he argued that the Justice Department should refrain from any actions that could interfere with an election in the 60 days leading up to it.
The former president wrote:
They disobeyed their own rule in favor of complete and total election interference. I did nothing wrong, they did! The case is a scam, just like all of the others.
Judge Chutkan has consistently maintained that Trump's presidential campaign and political concerns will not affect the criminal proceedings. She explicitly stated this position in a recent order, emphasizing that the court's schedule would not be influenced by potential political consequences.
Trump's campaign rhetoric regarding the Justice Department has drawn criticism from federal prosecutors, who view his statements as undermining the institution they serve. Some have likened Trump's attacks to those made by the January 6 defendants, which prosecutors have argued demonstrate a lack of remorse and disrespect for the law.
The controversy surrounding the release of Jack Smith's filing in the criminal case against Donald Trump underscores the tension between legal proceedings and political campaigns. While Trump claims election interference, the decision to make the document public came from a federal judge, not the special counsel. This development continues to shape the narrative surrounding Trump's legal challenges as the 2024 election approaches.
