Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
31. He can't unilaterally decide to release the evidence
Sun May 10, 2026, 01:41 PM
Sunday

When Trump was re-elected, the cases against him became unprosecutable and were dropped. Smith can't legally release the evidence. Someone could sue to have the evidence released and a judge would have to order that to happen. Which did happen in the documents case and judge Cannon ruled against releasing it.

What Smith is doing is reminding Trump that, right now, the evidence is sealed. If DoJ tries to prosecute Smith in connection with ANY of the cases he was working on, that evidence, any memo's or emails discussing whether to charge Trump or not would become evidence in Smith's prosecution. He would finally be able to take that material into a court room and introduce it as evidence in his defense.

As an example, if he is charged with malicious prosecution in the J6 case, then Smith gets access to all the J6 material as part of the discovery process and can introduce it as defense exhibit 1, 2, 3, etc. Likewise with the stolen documents and other cases he was involved in.

Smith is literally daring Trump to prosecute him so he can finally take the evidence into a court room (as a defendant instead of prosecutor) and make his case before a jury. Trump can't be convicted this way, but the evidence will be public record for ALL TO SEE.

Recommendations

14 members have recommended this reply (displayed in chronological order):

Don't tease us... Funtatlaguy Sunday #1
I Agree, Endless Teasing & Not Much Action WiVoter Sunday #18
He can't unilaterally decide to release the evidence InstantGratification Sunday #31
I believe the time is coming when an avalanche of previously withheld and/or hidden liberalla Sunday #33
I hope you're right. calimary 21 hrs ago #45
"...material that could prove damaging to the president." J_William_Ryan Sunday #2
Why has this information NOT been released to the public already? Bluetus Sunday #6
Much of it was sealed by Judge Cannon Nt Fiendish Thingy Sunday #35
She can't seal the world. Bluetus Sunday #40
She sealed his report Fiendish Thingy Sunday #41
It might persuade some voters to vote differently in November. BadgerMom 23 hrs ago #44
Bring it on, Jack Smith! Let's hear all of it ... unredacted FakeNoose Sunday #3
Just think. relogic Sunday #7
He needs a safety switch. multigraincracker Sunday #16
All that information popsdenver Sunday #21
Don't hold your breath, not goona happen. Btw, source is raw story. msfiddlestix Sunday #36
Not when it's published in the New York Times first ... Raw Story is reprinting the NYT story FakeNoose Sunday #37
Did Raw Story actually republish the New York Times story, or did they write a version with a certain spin that stretche msfiddlestix 9 hrs ago #47
Do it! sheshe2 Sunday #4
If he has further evidence, he should release it. JohnnyRingo Sunday #5
Mueller orangecrush Sunday #8
Why wait????? The way to stop a predator is to strike first and hard. Ford_Prefect Sunday #9
Don't think this is the man trump wants to mess with. republianmushroom Sunday #10
Ewwwww Just Jerome Sunday #20
Why not? The old one sin't working too good: 3Hotdogs Sunday #26
Why "private" is part of the title? What am I missing? question everything Sunday #11
He is a private individual now, no longer employed by the public/government. nt SunSeeker Sunday #13
The remarks were made in private? liberalla Sunday #25
A private event. Invited guests only I would surmise. AZ8theist Sunday #27
Mr. Smith should hire bodyguards Bayard Sunday #12
It's not just popsdenver Sunday #22
Is that a bone spur report? generalbetrayus Sunday #14
I've often wondered why Trump has not had to deal with leaks Nixie Sunday #15
He is insulated popsdenver Sunday #24
SOMEONE has to have some guts and get the truth out. johnnyplankton Sunday #17
I believe that Jack Smith has the integrity to do it FakeNoose Sunday #42
So why didn't he release it before the presidential election?? mucifer Sunday #19
He would have been breaking the law FakeNoose Sunday #43
If he's prosecuted for illegally investigating trump radical noodle Sunday #23
Jack Smith has something BAD on Donald. Joinfortmill Sunday #28
So he'll drop this stuff only to help himself? johnp3907 Sunday #29
Just do it. Piecemeal it if you want but just get it out thete Deuxcents Sunday #30
At first I thought Jack Smith had enlisted in the army with the rank of Private Redleg Sunday #32
More Raw Story bullshit.... reACTIONary Sunday #34
MaddowBlog-Silent no more, Jack Smith calls out Trump's 'corrupted' Justice Department LetMyPeopleVote Sunday #38
Jack Smith Calls the Justice Dept. 'Corrupted' by Trump and His Allies (NYT gift article) LetMyPeopleVote Sunday #39
Jack Smith.... MarcoZandrini 15 hrs ago #46
Latest Discussions»Latest Breaking News»Private Jack Smith remark...»Reply #31