Attorney David Schoen told Newsmax on Thursday that although there are reports that special counsel Jack Smith is planning to end his prosecutions of President-elect Donald Trump, Schoen has "no confidence" Smith will "do the right and professional thing."
Schoen, who represented former President Donald Trump in his 2021 impeachment, said Smith and his team have acted in unprofessional ways in the past to skew perception of Trump's cases. In August, Smith wrote a superseding indictment that attempted to address the Supreme Court's presidential immunity ruling.
"Remember, they did that superseding indictment that was completely unnecessary and inappropriate just to tell the public an unchallenged story," Schoen said on "Newsline." "But you ask the important question, what about the other cases? I think there's a very strong argument to be made that the New York prosecution and the Georgia prosecution must be dismissed."
Schoen cited a Department of Justice memo from 2000 that barred the DOJ from pursuing a criminal indictment or prosecution during a sitting president's term.
"And that's what Jack Smith is acting on," Schoen said. "But that's not the only binding on the Justice Department. But the underlying principles that I believe bar the New York and the Georgia cases, and that's the separation of powers principles that applies."
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James Morley III ✉
James Morley III is a writer with more than two decades of experience in entertainment, travel, technology, and science and nature.
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