Gregg Jarrett Lays Out How Trump Classified Docs Case Could Be ‘Dismissed’ Over Jack Smith Staging Evidence

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

United States District Judge Aileen M. Cannon, a Trump appointee, indefinitely postponed the trial date in a Tuesday ruling, saying that setting a date would be “imprudent” before a number of pre-trial motions were addressed. Jarrett said that by “tampering” with the evidence in the case, Smith left the door open for the case to be dismissed for “prosecutorial or government misconduct,” in addition to “selective prosecution” and Smith being unlawfully appointed as special counsel. (RELATED: Judge In Trump Classified Docs Case Indefinitely Postpones Trial Date)

“What you just described is planting evidence by government officials to falsely incriminate a target defendant and you know, Jack Smith is to blame for a lot of this. He got caught himself tampering with evidence, Larry,” Jarrett told Fox Business host Larry Kudlow. “The digital scan of the records doesn’t match the physical order of the boxes that were seized by the FBI. So, Smith was forced to admit to the court that evidence was altered, it was manipulated he also admitted he misled the court, he deceived the judge. I don’t see a trial happening anytime soon if at all.”

“This case could be dismissed over what we’ve just described, prosecutorial and government misconduct,” Jarrett said. “It could be dismissed for selective prosecution, that’s a pending motion or it could be unlawful appointment of Smith himself, because Larry, he was never Senate-approved which the special counsel statute requires.”


Smith admitted in a Friday filing that evidence had not been properly maintained by federal investigators following the Aug. 8, 2022, raid on 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 appearance.

“These Democrat prosecutors threw a grenade on their own cases,” Jarrett told Kudlow before he commented on Smith. “The Alvin Bragg case yesterday in New York, it was so foolish for the prosecutors to call Stormy Daniels to the witness stand. Nothing she said is remotely relevant to the charges against Donald Trump. You know, she was just called there to slime Trump, to humiliate him with salacious stories. Her testimony was probative of nothing, it was highly prejudicial, which means under the rules of evidence, it’s inadmissible but you have got a biased judge who deliberately allowed it which creates reversible error.” (RELATED: ‘Misled The Judge’: Gregg Jarrett Says Jack Smith Got Caught ‘Manipulating Evidence’ Against Trump)

After the discussion of the peril the classified documents case was in, Jarrett turned to discuss Willis. Attorneys for former Trump campaign aide Michael Roman filed a motion for Willis’s disqualification on Jan. 8, alleging that Willis was in a romantic relationship with Nathan Wade who she hired as a special prosecutor to help probe and prosecute the former president.

A Georgia appellate court on Wednesday agreed to hear an appeal of Fulton County Judge Scott McAfee’s March 15 ruling that Willis must either step aside or remove Wade from the case against Trump. Wade stepped down from the special prosecutor position after McAfee’s decision.

“She’s not qualified to oversee a hot dog stand,” Jarrett said. “She campaigned on the promise to nail Trump which is deeply unethical for a prosecutor then she compound the unethical behavior having a affair with [Wade], who said the other day cheating on your wife, having affair in the work place, that is as American as apple pie. That underscores this contorted, twisted mentality of these arrogant people, and she’s in trouble now. The fact that the appellate court has taken the case suggests they think that the motion by the defendants to dismiss the case or remove her has merit and it absolutely does.”

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