Jack Smith ‘Absolutely’ Can Use Donald Trump’s Media Remarks: Ex-Prosecutor

Donald Trump’s recent claims that he had “every right” to interfere in the 2020 election could be used against him in criminal proceedings, a legal expert has said.
Speaking on his Stay Tuned podcast, Preet Bharara, former U.S. attorney for the Southern District of New York, responded to a listener’s question on whether the Department of Justice might act on Trump’s remarks or if that is just “wishful pundit thinking.”
In an interview with Fox News’ Mark Levin, Trump dismissed Special Counsel Jack Smith’s 2020 election obstruction case, where Trump has pleaded not guilty to four federal charges,
“Whoever heard you get indicted for interfering with a presidential election, where you have every right to do it,” Trump said. “You get indicted, and your poll numbers go up.”
Bharara said that any statements that Trump makes, whether on social media, in speeches or in media appearances, can “absolutely” play a part in the Department of Justice’s decision-making.
“Of course, there are arguments and various interpretations to be brought to bear on statements he’s made publicly, and lawyers can argue one way or another,” Bharara said.
“I’m sure if it ever comes up in a courtroom or proceeding, his lawyers will say, well, he wasn’t really intending to mean interfering.
“He wasn’t admitting anything; he was simply saying that consistent with the immunity decision from the Supreme Court, he had lawful authority as the President of the United States to engage in certain conduct, and that’s what he did,” Bharara added.
In a landmark July ruling, the Supreme Court said that presidents are granted some immunity from prosecution for official acts performed while in office. The decision threatens to upend Smith’s case into the events that led up to the January 6, 2021, riot at the U.S. Capitol.
Bharara added that he’s unsure how “powerful” Trump’s remarks will be for the prosecution.
“It’s good politically, and it’s good perhaps to a jury to provide some context showing how Trump believed himself to be above the law,” Bharara said.
Newsweek reached out to Trump’s legal team via email for comment.
In a statement after the Fox News interview aired, Harris-Walz 2024 spokesperson Sarafina Chitika said Trump’s comment “makes it clear that he believes he is above the law.”
“Now, Trump is claiming he had ‘every right’ to interfere in the 2020 election. He did not,” Chitika said.
“While Donald Trump is pushing his false history about the past, the American people are ready for a new way forward. They know Vice President Harris is the tough-as-nails prosecutor we need to turn the page on chaos, fear, and division, and uphold the rule of law.”
Smith recently announced a new superseding indictment against Trump. The revised document carries the same four federal charges against the former president, but the allegations have been narrowed to fall in line with the Supreme Court’s immunity ruling.
The new indictment removed allegations that Trump pressured the Department of Justice in November 2020 and January 2021 to support his false claims that the last election results were rigged because of widespread voter fraud.