Donald Trump's Former Lawyers Could Testify Against Him

A motion filed by the team of Special Counsel Jack Smith in former President Donald Trump's federal electoral interference trial could indicate that some of his former lawyers or members of Congress have agreed to testify, according to a prominent legal analyst.

The claim was made on X, formerly Twitter, by Lisa Rubin, a legal analyst for MSNBC. Joyce Vance, a former U.S. attorney for Alabama, also claimed in a post on her Substack blog that the filing "suggests members of Congress, their personal or office staff, or people who received communications from them" are prepared to testify.

Trump is facing four federal charges, to which he has pleaded not guilty, over allegations he broke the law while attempting to overturn Joe Biden's 2020 presidential election victory. The case is being overseen by U.S. District Judge Tanya Chutkan, with the trial scheduled to begin in March, though the date could be pushed back as this month the case was suspended until the U.S. Supreme Court rules on Trump's claims regarding presidential immunity.

Polling indicates that Trump is by some margin the favorite for the 2024 Republican presidential nomination, meaning the case could play a significant role in the campaign. Trump is also facing criminal trials related to claims he orchestrated the payment of hush money to an adult film star, mishandled classified documents and acted illegally attempting to overturn the 2020 election result in Georgia. He has pleaded not guilty to all counts and insists the cases against him are politically motivated.

Reacting to Smith's motion, Rubin said on X: "Jack Smith and team just filed a motion to exclude various kinds of evidence & arguments at Trump's election interference trial, including the oft-recited claim that the case is itself a form of election interference or vindictive and selective prosecution.

"They also seek to exclude evidence about 1/6, including evidence about agency preparation for that day or cross-examination that would cause unnamed government witnesses to breach attorney-client privilege or protection under the Constitution's Speech and Debate clause.

"Put another way, the government is making clear they have testimony from Trump lawyers and/or members of Congress. Gulp."

That means Smith is anticipating that some of the prosecution's witnesses could hold attorney-client or congressional speech or debate privileges, and wants to ensure Trump's legal team isn't able to use that to make them appear deceitful during cross examination. In turn, it suggests that the witnesses could include attorneys who have previously given Trump legal advice, or members of Congress.

The Constitution's speech or debate clause offers certain legal protections to members of Congress that can be invoked if they are asked to testify in court. Specifically it states: "They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."

Writing on her Substack blog Vance made that point, arguing Smith is concerned that "jurors could conclude the witnesses are hiding something when they are simply trying to navigate the legal constraints these privileges could place on them.

"Smith specifies that some of them may have Speech or Debate privilege protections, which suggests members of Congress, their personal or office staff, or people who received communications from them. Speech or Debate clause protection extends beyond proceedings on the floor and covers, for instance, investigative committee work. And attorney client privilege suggests a range of possibilities, including lawyers."

Newsweek has reached out to a legal representative for Trump, along with his 2024 campaign team, by email for comment.