Former President Donald Trump’s defense lawyers need to “wake the hell up” and petition the judge in his Florida criminal case to order an investigation into the constant deluge of leaks coming out of the Justice Department to see if Trump’s Due Process rights have been violated, Constitutional Scholar Mark Levin said Sunday.
Leak after leak after leak of information – all damaging to Trump – have been leaked by President Joe Biden’s Justice Department to Trump-hating, leftist media, such as CNN, The New York Times and The Washington Post, Levin said in the latest episode of “Life, Liberty and Levin.”
What’s more, Special Counsel Jack Smith has refused to fulfill his duty to investigate and take steps to stop the leaks, Levin says.
“All roads go through Jack Smith’s office,” thus, it’s up to Trump’s lawyers and the judge in the case to take action, Levin says:
“The Trump lawyers need to wake the hell up and do something about this.”
Levin noted four specific abuses by Smith and his Justice Department cohorts:
“Number one: we have a constant pattern of leaks benefiting the prosecution and the government. A constant pattern of leaks.
“Number two: the Department of Justice has its own standards, in addition to the ABA, relating to attorney professional misconduct, relating to law enforcement investigation.
“Number three: I just cited to you the ABA, American Bar Association Rule 3.8, the prosecutor's responsible.”
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“Number four: tainting the jury pool with these constant leaks:
“leaks of confidential information,
“leaks about contents of classified information,
“leaks about witnesses,
“leaks about testimony,
“leaks about secret government filing, and
“Intentionally, the goal here is to deny Donald Trump and others due process under our constitution.”
“So, a motion needs to be filed on behalf of Donald Trump,” Levin explained:
“They need to move the court to order the Office of Professional Responsibility, I know this for a fact, that is the office asked to investigate allegations, or possibilities even, of attorney misconduct or employee misconduct within the Department of Justice. They need to be directed by a court, by the judge in Florida, who’s under attack.”
Despite the efforts being made to intimidate her, the judge needs to be courageous and take steps to protect the Constitution, Levin said.
“They ought to be very specific. Look at texts. e-mails, information of that sort, phone calls, all of it,” to see if Donald Trump’s Due Process rights have been violated under the Fifth and Sixth Amendments, Levin urged.
What’s more, “The court should give OPR 30 days, not a year and a half, 30 days, to complete the investigation and issue its public findings to the court,” Levin said.
“This is the biggest leak in a series of leaks in the history of the United States,” Levin declared, noting that the leaks are being used “against a former president who is running for reelection for a second term against the people, I would argue, who are doing the leaking.”
“All of the leaks, all of them, are intended to undermine the basic constitutional rights and interfere with the 2024 election,” Levin warned:
“It’s all about criminalizing politics. Prosecutorial leaks also damage the judiciary, the courts.”