Why Jack Smith and Fani Willis co-operation would be bad news for Trump

The two prosecutors who have indicted Donald Trump on charges of election interference may be working together on a deal to introduce Mark Meadows, his former chief of staff, as a key witness, a law professor has told Newsweek.

Professor Peter Shane, a constitutional law specialist at New York University, was reacting to reports that Department of Justice Special Counsel Jack Smith has offered Meadows immunity in exchange for testimony.

However, Meadows is also named in the Georgia indictment, where he and the former president are accused of illegal tampering in the 2020 election. Trump has denied all the allegations against him. Meadows has pleaded not guilty in Georgia.

Shane said: “If Smith has granted Meadows immunity, one wonders if there has already been co-ordination with Georgia on the strategy.”

He added that Meadows, an experienced attorney, would not wish to give evidence in the federal case if it could be used against him in Georgia.

Shane said: “Meadows’ testimony could be a huge blow to Trump because he was right in the center of the action, so to speak, and would be able to provide first-hand accounts of Trump’s actions.

“If Smith has granted Meadows immunity, it will also have implications for the Georgia case. Although I don’t think Smith can grant Meadows transactional immunity from a Georgia charge, Smith’s immunized D.C. testimony itself cannot be used as evidence in a Georgia prosecution.”

Fani Willis, the Fulton County district attorney leading the Georgia case, “would have to show that the evidence against Meadows was developed independently of any leads derived from his D.C. testimony,” according to Shane.

Willis could be co-ordinating with Smith to ensure Meadows can give detailed evidence in the federal case without concerns about the trial in Georgia.

Shane also suggested that Meadows might be prevented from pleading the Fifth Amendment and staying silent in the federal case against Trump.

“The extent of immunity may be subject to bargaining with a witness, but it need not be. A prosecutor can essentially prevent a witness from ‘taking the Fifth’ by unilaterally immunizing his or her testimony,” he said.

Media reports this week suggest that Meadows is already talking to Smith’s team.

ABC News and Bloomberg have both carried reports alleging that Meadows secured an immunity deal before giving evidence to federal investigators.

In a statement to CBS News, Meadows’ lawyer George Terwilliger said the reports of an immunity deal were “largely inaccurate.”

Newsweek has been unable to independently verify reports of an immunity deal. Meadows’ legal team and Special Counsel Smith’s office have been contacted for comment.

ABC reported that Meadows repeatedly told Trump in the weeks after the 2020 election that there was no evidence of any widespread voter fraud. ABC also stated that Meadows has told federal prosecutors he believed Trump was being “dishonest” in the early hours of November 4, 2020, when he said in a press conference, “Frankly, we did win this election.” A significant number of votes across the country had not been counted at that point.

Further hints that Meadows is co-operating came on Wednesday, when Smith’s team complained in a court submission that Trump had been making negative comments about a “foreseeable witness” in the federal case and requested that a judge reimpose a gagging order.

Trump had earlier posted about Meadows on his Truth Social platform, saying he hoped the former chief of staff would not be like the “cowards” who were willing to testify.