Former President Donald Trump's legal team should ask for an immediate dismissal of charges in the Espionage Act case against Trump following the Department of Justice's leaking of an audio clip to CNN, radio and TV host Mark Levin said.
And, for what he described as a blatant case of prosecutorial misconduct, special counsel Jack Smith "must go to prison," Levin said.
"There must have been several scores of leaks against Trump involving testimony, documents, audio, etc., and they’re all obviously coming from the government," Levin said in social media posts on Monday.
"Trump’s lawyers need to file an immediate motion, with the long list of leaks as an exhibit, asking that the entire case be dismissed because of prosecutorial misconduct and the government’s effort to influence the jury pool. Moreover, I would insist that the court determine whether DOJ has opened investigations into these felonies. THIS NEEDS TO HAPPEN NOW!"
CNN on Monday aired what it said was a July 2021 recording of Trump discussing attack plans on Iran drawn up by Gen. Mark Milley while waving a sheaf of papers. In the recording, Trump can be heard getting in a dig about Hillary Clinton and Anthony Weiner regarding her private email server scandal. Descriptions of the tape were previously leaked to CNN.
The recording obtained by CNN begins with Trump claiming “these are bad sick people,” while his staffer claims there had been a “coup” against Trump.
“Like when Milley is talking about, ‘Oh you’re going to try to do a coup.’ No, they were trying to do that before you even were sworn in,” the staffer says, according to the audio.
The next part of the conversation is mostly included in the indictment, though the audio makes clear there are papers shuffling as Trump tells those in attendance he has an example to show.
“He said that I wanted to attack Iran, Isn’t it amazing?” Trump says as the sound of papers shuffling can be heard. “I have a big pile of papers, this thing just came up. Look. This was him. They presented me this – this is off the record but – they presented me this. This was him. This was the Defense Department and him.”
…“I was just thinking, because we were talking about it. And you know, he said, ‘He wanted to attack Iran, and what…,’ ” Trump says.
Judicial Watch President Tom Fitton noted: "The leaked Trump tape doesn't tell us anything we don't already know: As president, Trump received records as Commander in Chief. Nothing on this tape suggests he wasn’t authorized to have the record. The Constitution, various laws, and court precedent establishes that the President has unfettered authority to manage records as he sees fit. The Court, btw, should find out who leaked the tape."
Trump campaign spokesman Steven Cheung said in statement that “the audio tape provides context proving, once again, that President Trump did nothing wrong at all.”
The special counsel’s office declined to comment.
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