Gregg Jarrett lays out how Trump's classified documents case could be 'dismissed' because Jack Smith staged evidence

Fox News legal analyst Gregg Jarrett explained Wednesday how a judge could throw out the classified documents case against former President Donald Trump over the conduct of special counsel Jack Smith.

Trump appointee U.S. District Judge Aileen M. Cannon indefinitely postponed the trial date on a Tuesday decision, saying that setting a date would be “unwise” before a series of pretrial motions are addressed. Jarrett said that by “manipulating” the evidence in the case, Smith left the door open for the case to be dismissed for “prosecutorial or government misconduct” as well as “selective prosecution” and Smith being illegally designated as to special counsel.

“What you just described is planting evidence by government officials to falsely incriminate a targeted defendant and you know, Jack Smith is guilty of a lot of things. He was caught tampering with evidence, Larry,” Jarrett told the Fox Business host Larry Kudlow. “The digital scan of the records did not match the physical order of the boxes that were seized by the FBI. So Smith was forced to admit in court that the evidence was altered, tampered with, he also admit that he misled the court, he misled the judge. I don't see a trial happening anytime soon, if he doesn't.”

“This case could be dismissed because of what we just described, prosecutorial and governmental misconduct,” Jarrett said. “He could be removed by selective prosecution, that's a pending motion, or it could be the illegal appointment of Smith himself, because Larry, he was never approved by the Senate as required by the special counsel statute.”

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Smith admitted on a friday filing that the evidence was not properly preserved by federal investigators after August 8, 2022, raid at Mar-a-Lago, the Florida estate owned by the former president.

Jarrett also took aim at Manhattan District Attorney Alvin Bragg and Fulton County District Attorney Fani Willis during the arraignment.

“These Democratic prosecutors threw a grenade into their own cases,” Jarrett told Kudlow before commenting on Smith. “The Alvin Bragg case yesterday in New York, it was so stupid for prosecutors to call Stormy Daniels on the witness stand. Nothing she said is remotely relevant to the charges against Donald Trump. You know, they just calling there to smear Trump, to humiliate him with salacious stories, his testimony proved nothing, it was very prejudicial, that is, under the rules of evidence, it is inadmissible, but you have a biased judge who allowed it deliberately, which creates a reversible error.”

After the discussion about the danger of the classified documents case, Jarrett turned to Willis. Lawyers for former Trump campaign aide Michael Roman archived a motion to disqualify Willis on Jan. 8, alleging that Willis had a romantic relationship with Nathan Wade who he hired as a special prosecutor to help investigate and prosecute the former president.

A Georgia appeals court on Wednesday agreed to hear an appeal from Fulton County Judge Scott McAfee on March 15 decision that Willis must step aside or remove Wade from the case against Trump. Wade He resigned of the special prosecutor post after the McAfee decision.

“She's not qualified to oversee a hot dog stand,” Jarrett said. “He campaigned on a promise to nail Trump, which is deeply unethical for a prosecutor, then escalated the unethical behavior by having an affair with [Wade], who said the other day cheating on your wife, having an affair in the workplace, that's as American as apple pie. This underlines this twisted and twisted mentality of these arrogant people, and now they are in trouble. The fact that the appellate court took the case suggests that the defendants' motion to dismiss the case has merit, and it absolutely does.”

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