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Smith Engaged in ‘Highly Irregular Conduct’ in Trump Prosecutions

Will Scharf, a Republican candidate for attorney general in Missouri, told Breitbart News that Special Counsel Jack Smith has engaged in “highly irregular conduct” in his pursuit of criminal charges against former President Donald Trump.

Scharf discussed all three of Trump’s criminal cases with Breitbart News Saturday host Matthew Boyle. Scharf noted that Alvin Bragg’s prosecution of Trump in Manhattan fulfills his campaign promise to go after Trump, despite his office initially deciding not to pursue any charges against the former president.


Scharf explained that Bragg “looped in federal election law, to essentially turn this thing from a misdemeanor to a felony.”

“The Biden [Department of Justice] declined to prosecute Trump for these election law violations. So even the Biden DOJ looked at this, decided there was nothing to it, and then Bragg, nevertheless, you know, ran full speed ahead,” Scharf explained.

Scharf said the allegations of Trump falsifying business records are not made on a factual basis because “They were literally on their face accurate records,” because they were payments to Trump’s lawyers classified as payments for legal services.

Scharf predicts the Manhattan case against Trump will ultimately end up in the U.S. Supreme Court after passing through lower appellate courts.

He then discussed Smith’s two cases against Trump and highlighted the “highly irregular conduct” Smith has engaged in while pursuing criminal charges against Trump.

Scharf said the Mar-a-Lago documents case relies heavily on testimony from Trump attorney Even Corcoran, allegedly violating the attorney-client privilege.

“I think a fair court would deem that their rationale for breaching attorney client privilege was insufficient,” Scharf said. “A lot of that could easily fall away. It’s also worth noting the Jack Smith team has been accused of of serious misconduct, potentially criminal misconduct in their treatment of Walt Nauta’s lawyer Stanley Woodward.”

Scharf highlighted that Woodward alleges, “He was extorted by Jack Smith’s team, by Jay Bratt, who’s the head of counterintelligence at DOJ. That they threatened his job prospects; that they made a number of highly inappropriate political comments during the meeting with them.”

“So just overall, Jack Smith and his team have engaged in what I would call highly irregular conduct in the pursuit of that case,” Scharf said.

However, Scharf said that the case being brought in South Florida is a “favorable jurisdiction” and would not be a “bad jury” for Trump.

He criticized Smith for bringing the superseding indictment and adding Mar-a-Lago’s maintenance man in the case that Smith once claimed was a “simple” case.

“I think it’s interesting that Jack Smith, when he announced this case, said, we’re ready to go to trial [in] a couple of months, speedy trial, speedy trial, simple case, open and shut, and now they’re superseding the indictment, adding counts, adding a defendant,” Scharf said. “Either the case is simple, or it’s not. And Jack Smith is trying to have it have it both ways.”

Scharf suspects that Smith needs someone on Trump’s team to “flip on him,” which is why Carlos de Oliveira and Walt Nauta were added as co-defendants.

“My theory all along has been that Jack Smith and his team, in order to get a conviction here, they need someone close to Trump to flip on him to testify as to his state of mind – as to what he was thinking, saying, doing,” Scharf told Boyle.

The Mar-a-Lago documents case should worry Trump the least, Scharf said.

Speaking on the most recent indictment against Trump over the 2020 election, Scharf cautioned that the case being brought “in front of a bad judge” and “a terrible jury pool” in Washington, DC, “makes it really worrying” for Trump.

Scharf explained that Smith is charging Trump with a conspiracy against rights, which “is a kind of charge that’s been used before for kind of Ku Klux Klan violence against black voters back in the Jim Crow era.”

Scharf also mentioned Smith’s botched prosecution against former Virginia Gov. Bob McDonnell (R) that was ultimately overruled unanimously by the Supreme Court.

“He got his convictions, those cases went up to the Supreme Court, where the Supreme Court ruled unanimously against Jack Smith. It was an eight zero opinion, saying that he’d overstepped his authority  under the acts that he charged Bob McDonnell,” Scharf said. “And I think we’re seeing exactly the same thing here, a serious overstretch by Jack Smith and his team to try to shoehorn non culpable conduct into these criminal acts. And I think under in a fair court, he would get smacked down for it. We’ll have to see how the case develops.”

Breitbart News Saturday airs on SiriusXM Patriot 125 from 10:00 a.m. to 1:00 p.m. Eastern.

Jordan Dixon-Hamilton is a reporter for Breitbart News. Write to him at or follow him on Twitter.

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