Former President Donald Trump has long said that he believes Special Counsel Jack Smith's indictments are nothing more than "election interference" on behalf of the Biden administration, and he's not shy about making that known on nearly a daily basis.
In the indictment regarding his alleged efforts to overturn the results of the 2020 presidential election, Smith said in a recent court filing that the former president's "daily extrajudicial statements" threaten to "prejudice" the jury pool, Bloomberg reported.
The controversy arose recently as a result of a spat between federal prosecutors and Trump's legal team regarding a sealed request that government prosecutors want to file.
A number of legal experts have weighed in on the situation, and some believe that Trump's continued remarks regarding the indictment could, in fact, taint a Washington jury pool.
The legal experts believe that Trump's rhetoric not only has the potential to taint a jury pool, but also puts certain people involved with the case, such as the judge, in some level of danger.
James Sample, a Hofstra University constitutional law professor, opined on the matter in a statement to Salon.
"Threats aimed at intimidating judges, prosecutors and witnesses, reduce the fairness and accuracy of the proceedings," Sample said. "Preserving and protecting due process – a fair trial – is the most fundamental responsibility of a judge."
The outlet added:
Trump's public statements to his "very motivated" supporters – many of whom have already "demonstrated a propensity for violence" – about the judges, prosecutors, and potential witnesses, implicate "fundamental fairness concerns," Sample added.
It's not surprising, given that these are the same people who warn that "democracy is under attack" by those who support the former president.
Many believe Smith and his office are doing anything they can to convince a judge to suppress and even silence Trump's ability to comment on the case.
Smith, and the anti-Trump media have pointed to instances when Trump has disparaged the special counsel, the judge, and the indictment in general, which many believe is protected speech.
Even former U.S. Attorney Barb McQuade, a University of Michigan law professor, thinks that Trump's remarks have the ability to taint the jury's thinking.
"Trump's statements that portray his criminal cases as political plots to interfere with the 2024 election risk tainting the jury pool," she said.
Only time will tell if Smith is able to convince the judge to suppress Trump's ability to speak on the various indictments in the way he wants. The former president doesn't seem too concerned about it though, and will likely continue to speak his mind, no matter what.