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Donald Trump’s latest bid to have the federal election subversion case against him dismissed has been described as “desperate” by former prosecutor and legal analyst Glenn Kirschner.
The four-count indictment, brought by Special Counsel Jack Smith in August 2023, accuses Trump of conspiring to overturn the results of the 2020 election he lost to President Joe Biden, culminating in the riot at the U.S. Capitol on January 6, 2021.
Trump, the Republican nominee for president, has pleaded not guilty to the charges and decried the case as being part of a political witch hunt.
The Supreme Court narrowed the scope of the prosecution by ruling in July that former presidents are entitled to broad immunity from criminal charges for official acts. The justices sent the case back to U.S. District Judge Tanya Chutkan to determine which acts alleged in the indictment can remain part of the prosecution.
Chatman has permitted prosecutors to file a legal brief by September 26 that could include new details about Trump’s failed efforts to cling to power four years ago.
Smith wrote in court documents that the brief is expected to be half composed of a “detailed factual proffer,” and include around 30 pages of “extensive footnote citations to an exhibit appendix.”
But in a filing earlier this week, Trump’s attorneys said the case should be dismissed “promptly.”
They wrote that dismissal is “required to protect the integrity of the presidency and the upcoming election, as well as the constitutional rights of President Trump and the American people.”
Kirschner posted a video on his YouTube channel calling the motion a “desperate” attempt to prevent Smith from “revealing Trump’s J6 [January 6] crimes.”
“One thing is crystal clear,” Kirshner said in the video. “Donald Trump really doesn’t want Special Counsel Jack Smith to file his brief on September 26 disclosing all of the evidence of Trump’s J6 crimes.”
The motion “reads more like an unhinged 2 a.m. Donald Trump social media post,” Kirshner said. “But at its core, this new Trump court filing is asking the judge to ignore what the Supreme Court directed her to do and just dismiss the case.”
He added: “Well, that ain’t happening, Donald. Judge Chutkan will do what the Supreme Court directed her to do, and Jack Smith’s brief disclosing the evidence of Donald Trump’s j6 crimes will be filed on September 26 because justice matters.”
Newsweek has contacted Kirschner for further comment via social media. The special counsel’s office and a Trump spokesperson have been contacted for comment via email.