CNN legal analyst Elie Honig was surprised to discover his comment about Special Counsel Jack Smith was cited by Donald Trump's legal team in their emergency appeal to the Supreme Court on Monday.
Former President Trump is asking the Supreme Court to extend the delay in the trial stemming from Special Counsel Jack Smith’s 2020 election interference case, arguing that he has presidential immunity to protect him from prosecution.
On CNN Monday night, Honig was asked if he was surprised about being quoted in the brief.
"I‘m learning that right now," Honig admitted before remarking, "I fear what they quoted me on."
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The legal analyst said he had read the brief "quickly" but had missed that he was mentioned in it.
"The Source" host Kaitlan Collins informed him that he was quoted in a footnote in the appeal.
"They cite —Well, it’s in a footnote, but they cite something you wrote, which is that Jack Smith 'never uses the E word,'" [Election],'" Collins relayed in a clip flagged by Mediaite.
Honig, a former federal prosecutor, has been critical of Smith's approach to prosecute Trump before the November election.
He confessed he was "dubious" that the special counsel's motives were free from politics.
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"It’s clear to everyone," he said. "My criticism of Jack Smith is obviously he‘s pushing to get this in before the election. I think for good reason, but there‘s a level of disingenuousness in his refusal to say that‘s why."
Smith "should just say what we all know and say what the vast majority of American people understand to believe is," he insisted.
In December, Honig argued on CNN that Smith would never be caught "uttering the ‘E’ word, election," in defending his case against Trump.
"Jack Smith won an argument on immunity in the district court and then right to the Supreme court, I think a right move, I think the smart move. The only reason you ask the Supreme Court to do that on an expedited basis, is if you're racing against the clock. And Jack Smith is clearly doing that here," he commented.
On Tuesday, the Supreme Court gave Smith a one-week deadline to respond to Trump's request to delay the trial.
Smith charged the former president with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. Those charges stemmed from Smith’s investigation into whether Trump was involved in the Capitol riot on Jan. 6, 2021, and any alleged interference in the 2020 election result.
Trump pleaded not guilty to all charges in August 2023.
Fox News' Brooke Singman, Bill Mears and Shannon Bream contributed to this report.
