Trump’s lawyers have been put 'in a box' from which they can’t win: legal expert

A Christmas week filing by special counsel Jack Smith was a savvy move that will force the former president's attorneys to either abandon a defense strategy or show their cards — which likely won't be well received by the court, an expert wrote Thursday.

That is the opinion of former U.S. Attorney Joyce Vance after reading Smith's latest filing that asks the court to bar the former president and his legal team from submitting certain evidence, including conspiracy theories.

At issue are worries by the Department of Justice that the attorneys or the ex-president will offer "evidence that isn’t relevant to the charges against him, but that is designed to sway the jury to acquit for impermissible reasons."

As Vance notes, that could include “unsupported and politicized claims of selective and vindictive prosecution, … irrelevant issues related to the government’s investigation,” as well as complaining the trial is designed as "election interference."

Calling it a "fascinating" move on her Civil Discourse substack platform, the former prosecutor explained how it will likely play out.

"By filing the motion, Smith puts Trump’s lawyers in something of a box when they are required to respond, which likely won’t be until the immunity appeal is resolved and the case is (hopefully) back before Judge Chutkan," she wrote.

"Either they will have to disavow their intent to offer the types of evidence Smith objects to, or confirm that they intend to offer it and explain why it’s permissible. And if they do the latter, they are unlikely to win, at least much, of their argument while losing credibility with the court for making it," she wrote.

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She added Trump's lawyers will also have to deal with this client and his expectations.

"Trump’s lawyers will be forced to decide between caving into the demands of their audience of one — who will likely insist on fighting to the death for the ability to present clearly inadmissible material — or acting like professionals," she predicted.

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