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Khaleda Rahman

By Khaleda Rahman

National Correspondent

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Donald Trump has pounced on a comment he says was made by Special Counsel Jack Smith in a recent court filing.

In a post on his Truth Social platform on Saturday, Trump claimed Smith had admitted to taking direction from President Joe Biden in a court filing on Friday.

"While Crooked Joe Biden and his Cronies have claimed from the outset they have nothing to do with Jack Smith's Election Interference case against me, Smith himself admitted in a Court Filing yesterday that he 'remains subject to Attorney General direction and supervision,' and that includes Biden," Trump wrote in a post.

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"That's right, Jack Smith just admitted what the American People already know, namely, that his case is being directed and supervised by the Biden Administration."

"So, although he denies it, [Attorney General Merrick] Garland is carrying out the orders from his boss to prosecute me, and to interfere in the 2024 Election."

Trump appears to be referring to a Thursday filing in a separate case brought by Smith accusing him of illegally hoarding classified documents at his Mar-a-Lago estate in Florida after leaving the White House and refusing government demands to give them back. He has also denied wrongdoing in that case.

That filing states that Smith was retained from outside of the Department of Justice "to 'ensure a full and thorough investigation.'"

"While he remains subject to attorney general direction and supervision, he also retains 'a substantial degree of independent decisionmaking'[...]and is not part of the regular department chain of command or 'subject to the day-to-day supervision of any official of the department."

A Trump spokesperson has been contacted for comment via email.

Republican presidential candidate Donald Trump

...

Trump is facing four criminal prosecutions—two of them brought by Smith—as he seeks to reclaim the White House in 2024.

In one of the cases brought by Smith, Trump was indicted on felony charges for working to overturn the results of the 2020 election in the run-up to the riot at the U.S. Capitol by his supporters on January 6, 2021. Trump has pleaded not guilty to the charges and denied wrongdoing.

In his post on Truth Social, Trump accused Biden of abusing his power to interfere in the 2024 election.

"No sitting President has ever abused the Power of his Office so blatantly to pursue his Political Opponent in an Election year," he wrote.

"This is the Greatest Threat to Democracy in the History of our Country! Joe Biden should stop the Ridiculous and Democracy Destroying Prosecutions, NOW!"

The White House has been contacted for comment via email.

The election interference case had been set for trial on Match 4 in federal court in Washington, but that date was canceled amid Trump's appeal arguing that he is immune from prosecution for actions he took while in the White House. The Supreme Court has said it intends to hear arguments in April.

Depending on how and when the Supreme Court rules on Trump's immunity claim, he could still face charges for trying to overturn the 2020 result before this November's election.

The first of Trump's criminal trials is scheduled to start in New York later in March. He has pleaded not guilty to 34 felony counts of falsifying business records to pay hush money to an adult film actor during the 2016 presidential campaign to bury allegations of extramarital sexual encounters.

Update 3/10/2024, 11:05 a.m. ET: This article has been updated to add information.

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