'Prosecutorial Misconduct' - Federal Case Against Trump Takes Drastic Turn

Hey ladies and gentlemen, Carmine Sabia here

for Explain America, and it looks like the federal case against Donald Trump may be about to be dismissed

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Those little things really help us out, and they help our channel continue to grow. Several legal experts have weighed in

on Trump's federal classified documents case, which is not to be confused with Manhattan District Attorney

Alvin Bragg's case regarding hush money, which is really a legal gymnastics

ridiculous, contortionist case that he had to try to piece together out of the blue

Now, Jack Smith's case is not much better, but Jack Smith has this audio tape

and in this audio tape, you hear President Trump talking about a classified document

Then you hear the rustling of papers, and then you hear Trump refer to the document again

The implication on this tape is that Trump actually showed the classified document to somebody

who was not supposed to be seeing a classified document. Now, we don't know if Trump actually did that

because we're not in the room with him. There's not a videotape of this happening

so we don't really know, right? But what legal experts are saying

including Mark Levin, who is a constitutional scholar, he says this case should be dismissed

for prosecutorial misconduct. He said that there's been so many leaks that Trump's attorneys should file a motion

to dismiss this case, and that Jack Smith could and should go to prison for this

And then former US Attorney, Francie Hakes, was on Newsmax, where she also opined

about what happened here, and she called it trial by ambush and said the leaks were also unfair

Let's take a look at it. Well, you know, Greta, this absolutely enrages me. I cannot understand how this tape made it out there

You had the judge making a special effort to quiet the president

to make sure the president can't talk about evidence in the case, and yet here we have evidence

And you're absolutely right. Lawyers know that there's always more to a tape

There's context to the tape, there's possible editing of the tape, there's the authenticity of the tape

All these things have to be established before they can be admitted into evidence

This is like trial by ambush, where you've got someone who obviously is trying

once again, to put evidence out there before it has a chance to get into a court of law

to make the president look bad. And I don't agree with what the president said. This definitely makes him look bad

He can say that he was waving around newspapers, and again, maybe he was

That's for the trial to determine. But it certainly sounds different than that

and it sounds inculpatory rather than exculpatory. And it looks to me, Greta

like the Department of Justice is once again leaking like a sieve

And I just, I think I need a thesaurus because I use the word appalled all the time

and I'm tired of using the word there must be something better to be used with Trump

Yeah, and what, I don't know where this tape came from. I mean, maybe the person who recorded it

kept an extra copy. I don't know. I doubt the person would have been so courageous to sort of dump it on CNN

I don't know. But the thing is, is that if it came from the Department of Justice

or from those prosecutors or from a grand juror, you know, that really is, you know, appalling

Anyway, Francie Hakes, thank you. Thanks, Greta. Now, I tend to agree with both of these people

You can't have a leak campaign against your defendant and expect to have a fair trial

Trump should be able to get this dismissed. Don't forget, he also has Judge Eileen Cannon

who he appointed, who has been very fair to Trump. So, you know, to me, I think this case

should have been thrown out the second the leak started. I still feel that way

They're trying to have a trial in public before the evidence gets a chance to go to court

and that's not fair. But let me know what you guys think about it in the comments

Should Jack Smith go to jail? Is this case dead in the water? Let me know

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