Jack Smith Asks Court To Bar ‘Improper Evidence’ From Trump 2020 Election Trial
Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump on August 1, 2023 in Washington, DC.
(Photo by Drew Angerer/Getty Images)

Special counsel Jack Smith asked the federal court in Washington, D.C., on Wednesday to bar attempts by former President Donald Trump to “inject politics” and use “improper evidence” for the 2020 election case trial scheduled to begin in March.

“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. Although the Court can recognize these efforts for what they are and disregard them, the jury — if subjected to them — may not,” Smith’s team wrote in a 20-page filing.

“The Court should not permit the defendant to turn the courtroom into a forum in which he propagates irrelevant disinformation, and should reject his attempt to inject politics into this proceeding,” they added. “To ensure that the jury remains focused on its fact-finding duty and applies the law as instructed by the Court, the defendant’s improper evidence and argument should be excluded.”

Trump has pleaded not guilty in the federal case in which he is accused of unlawfully plotting to overturn the results of the 2020 election. His lawyers filed to dismiss the case in October by arguing that Trump’s actions were “within the heartland” of his “official duties,” and the proceedings have been paused during an appeal over the question of presidential immunity that was rejected by U.S. District Judge Tanya Chutkan, an Obama appointee.

Facing three other criminal cases, including another one led by Smith over the former president’s handling of classified documents, Trump has argued that politically motivated prosecutors are conducting a “witch hunt” as he seeks another term in the White House ahead of a potential rematch in the 2024 general election against President Joe Biden.

Smith’s team argued in the new filing that the court should bar Trump’s claims of a “vindictive prosecution” and a trial date that will “interfere” with his political activities because “none of these issues goes to the defendant’s guilt or innocence.” Prosecutors also pushed the court to exclude claims that others were to blame for the breach of the U.S. Capitol and block Trump from “introducing or eliciting other improper evidence” that “constitutes speculation regarding his thoughts or beliefs, or seeks privileged information that is otherwise irrelevant.”


The trial is currently set to start on March 4, 2024, which is one day before Super Tuesday. Smith’s team asked the U.S. Supreme Court to address the presidential immunity question before the federal appeals court had a chance to rule on the matter — part of a bid to keep the trial schedule intact — but the high court rejected the request last week.

“Crooked Joe Biden’s errand boy Deranged Jack Smith is so obsessed with attacking President Trump and interfering with the 2024 Presidential Election, and is so sad that the Supreme Court just unanimously rejected his desperate attempt to rush this Witch Hunt, that he is ignoring the law and clear instructions from District Court Judge Chutkan, who unequivocally stated that this ‘case’ is stayed and there should be no litigation. Period,” Trump said in a statement on Wednesday.

Create a free account to join the conversation!

Already have an account?

Log in

Got a tip worth investigating?

Your information could be the missing piece to an important story. Submit your tip today and make a difference.

Submit Tip
Download Daily Wire Plus

Don't miss anything

Download our App

Stay up-to-date on the latest
news, podcasts, and more.

Download on the app storeGet it on Google Play
The Daily Wire   >  Read   >  Jack Smith Asks Court To Bar ‘Improper Evidence’ From Trump 2020 Election Trial