Jack Smith wants to go after Trump's 'good news boy' to crush his January 6 defense: legal expert
Longtime Donald Trump adviser and right-wing media commentator Boris Epshteyn is scheduled to give testimony to a grand jury empaneled by Justice Department special counsel Jack Smith to investigate the January 6 attack on the U.S. Capitol.
That could have huge implications for how Smith — if he decides to charge the former president — is trying to undercut any potential defense he might have, argued former Manhattan-based federal prosecutor David Kelley on MSNBC's "The Beat" Friday.
"When you look at someone like Boris Epshteyn, who has so much involvement and so many different aspects, just at an investigative level, how would you and federal prosecutors try to get this information from him?" asked anchor Ari Melber.
"So a couple of thoughts here, Ari," said Kelley. "First off, Jack Smith has taken a methodical approach here, which is encouraging, and going through all the people around the president, the former president, to find out what he knew."
"Let me add this additional thought, which i think is a little unique with Epshteyn, which is, he's reportedly the good news guy for Trump," Kelly continued. "What one of the angles, just one of them, that I think Jack Smith may be taking is, let's find out what the good news boy said to the president so he can kind of preempt a defense by saying, I was told X by a lawyer."
"They took his phone reportedly in September, so here we are," added Kelley. "They have analyzed everything, and they are carefully walking through each text to find out what was going on, what was meant, and outside of the text, what that person said to him and what he heard others say to each other."
Watch:Smartmatic attorney expects 'full retraction' from Fox News along with a sizable payoutThe trial for Dominion Voting Systems' $1.6 billion defamation lawsuit against Fox News was avoided on Tuesday, April 18 when plaintiff Dominion and defendant Fox reached a settlement. Fox News agreed to pay Dominion $787.5 million, and the right-wing cable news channel has been spared the embarrassing testimony that Dominion's attorneys were getting ready to present during the trial.
But Fox News is still facing a $2.7 billion defamation lawsuit from Dominion competitor Smartmatic, whose lawyer, Erik Connolly, discussed that case with CNN's Jake Tapper on Thursday, April 20.
Smartmatic's lawsuit against Fox News is similar to Dominion's. Like Dominion, Smartmatic alleges that it was defamed when Fox News, following the 2020 presidential election, promoted the bogus, thoroughly debunked conspiracy theory that its equipment was used to help President Joe Biden steal the election from former President Donald Trump. But Smartmatic has sued Fox News for a larger amount than Dominion.
The Smartmatic attorney told Tapper that Smartmatic is asking Fox News for a "full retraction," an "apology" and a settlement that is at least as large as the one Dominion is receiving — if not larger.
Connolly said of the Fox News/Dominion settlement, "That set down a marker, and it's a marker that we think we should be exceeding. The scope of the damage done to Smartmatic is a global scale, because we operate globally…. $787 million is a good start. But it's not the right finishing point."
The attorney told Tapper that Smartmatic is "looking to take this case through trial."
A Fox News spokesperson had a combative tone in an April 20 statement on Smartmatic's lawsuit, telling CNN, "We will be ready to defend this case surrounding extremely newsworthy events when it goes to trial, likely in 2025. As a report prepared by our financial expert shows, Smartmatic's damages claims are implausible, disconnected from reality, and on its face intended to chill First Amendment freedoms."
Read More Here: https://www.cnn.com/2023/04/20/media/smartmatic-fox-news-retractionEx-Fox News producer can still drag the network through hell — even after Dominion settlement: attorneyFox News managed to avert a protracted, embarrassing trial by forking over $787.5 million to Dominion Voting Systems in a settlement over their promotion of election conspiracy theories in 2020. But their legal problems are far from over, starting with a pair of lawsuits from former Fox News producer Abby Grossberg.
Speaking to MSNBC's Nicolle Wallace on Friday, Grossberg attorney Gerry Filippatos explained how solid he believes these cases are.
"You are the attorney representing Abby in her ongoing lawsuit against Fox News," said Wallace. "I think there's some mistake to think that these matters are closed, but they are not at all."
"Not at all closed," Filippatos agreed. "Abby has two lawsuits. One in Delaware, where she is essentially alleging there was a civil conspiracy to throw her under the bus, get her to testify falsely, to cover up Fox's misdoings in that case, and that case is ongoing in delaware."
The other, Filippatos continued, is "a case in the Southern District of New York, which is a very unique, even for me who has been doing this for 30 years, practicing employment discrimination law,"
That case, he added, is a "uniquely strong case alleging gender discrimination, glass ceiling discrimination, failure to promote, she didn't get an executive producer spot, although she was a one-woman show along with Maria Bartiromo and then ultimately was replaced by a man, and then even worse, jumped out of the frying pan into the fire and went to the Tucker Carlson show where she was subjected to one of the most vile, toxic work environments I have seen in my 30 years of practice."
Fox News continues to deny all allegations made by Grossberg against the company.
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