Former President Donald Trump's attorneys desperately need to get him to stop talking about the federal election interference case brought by special counsel Jack Smith, conservative lawyer George Conway told CNN's Kate Bolduan on Tuesday — because his latest comments are actually undermining the defense the right-wing Supreme Court justices handed him earlier this summer.
"I want to play something that Donald Trump said himself this weekend in a new Fox interview, kind of about the case against him," said Bolduan, playing a clip of Trump appearing on "Life, Liberty & Levin."
"It's so crazy that my poll numbers go up," Trump told Levin. "Whoever heard, you get indicted for interfering with a presidential election, where you have every right to do it, you get indicted, and your poll numbers go up."
"The way he's putting it is he has every right to interfere in the election — I mean, what do you do with that?" asked Bolduan.
"Well you know, if I were [his] lawyer, I'd tell him he has the Fifth Amendment right to stuff a sock in his mouth," said Conway, the ex-husband of Trump's ex-White House adviser and a frequent critic of the former president. "But he's not capable of doing that and he continually makes remarks that are frankly incriminating."
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The fundamental problem, Conway said, is the Supreme Court determined Trump has a presumption of immunity for official acts, a generous interpretation of the law that forced the special counsel to exclude a bunch of evidence and gives Trump a window to argue the entire case is null and void — and Trump is now admitting on cable news that he didn't even see what he did as an official act.
"His statement there in that interview with Mark Levin, that to the effect that he had the perfect right to interfere with the election, is an admission that he tried to interfere with the election and that he wasn't trying to enforce federal law, and act in his capacity as President of the United States — he was trying to win an election that he clearly lost," said Conway. "And that's a crime, and that's that for him. It's just yet another admission of guilt, and he's made many of them over the years."
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