Lawyers for former President Donald Trump on Thursday pressed to have special counsel Jack Smith’s team held in contempt, saying the prosecutors had taken steps to advance the 2020 election interference case against him in violation of a judge’s order last month that temporarily put the case on hold.
Quick Read
- Contempt Motion Against Prosecutors: Lawyers for former President Donald Trump filed a motion seeking to hold special counsel Jack Smith and his team in contempt.
- Allegations of Prosecutorial Misconduct: Trump’s attorneys accused the prosecutors of violating a judge’s order by advancing the election interference case during a temporary pause.
- Claims of Partisan Conduct: The defense claims that prosecutors turned over evidence and filed motions with partisan rhetoric during the stay, accusing them of spreading political propaganda.
- Prosecutors’ Stance: Smith’s team, which declined to comment on the motion, has reportedly objected to the sanctions request.
- Tensions in Landmark Case: The case charges Trump with scheming to overturn the 2020 election results. The motion highlights tensions between the defense’s delay tactics and the prosecution’s efforts to maintain the trial schedule.
- Background of Judge’s Order: U.S. District Judge Tanya Chutkan’s December order paused the case following Trump’s appeal, indicating no further proceedings that would burden Trump should occur.
- Defense’s Interpretation: Trump’s lawyers argue the order was violated by the prosecutors’ actions, including the submission of court papers and evidence.
- Prosecutors’ Filing During Pause: Prosecutors acknowledged the pause but indicated they would continue to meet deadlines to ensure a prompt resumption of the pretrial schedule.
- Immunity Question: A U.S. Court of Appeals panel is set to hear arguments on whether a former president is immune from prosecution, a crucial issue for the case’s fate.
- Defense’s Objections: The defense is against the prosecution’s efforts to prevent Trump from raising political issues during the trial and objects to the evidence produced during the pause.
- Requested Sanctions: Trump’s lawyers seek sanctions and contempt against the prosecutors, requiring court permission for future filings, and reimbursement of Trump’s legal expenses.
The Associated Press has the story:
Trump’s lawyers want special counsel Jack Smith held in contempt in 2020 election case
Newslooks- WASHINGTON (AP)
Lawyers for former President Donald Trump on Thursday pressed to have special counsel Jack Smith’s team held in contempt, saying the prosecutors had taken steps to advance the 2020 election interference case against him in violation of a judge’s order last month that temporarily put the case on hold.
Citing “outrageous conduct,” the Republican presidential candidate’s attorneys told U.S. District Judge Tanya Chutkan in Washington, D.C., that she should consider holding Smith and two of his prosecutors in contempt for turning over to the defense thousands of pages of evidence and an exhibit list while the case was paused and for filing more than a week later a motion that they said “teems with partisan rhetoric” and “false claims.”
“In this manner, the prosecutors seek to weaponize the Stay to spread political propaganda, knowing that President Trump would not fully respond because the Court relieved him of the burdens of litigation during the Stay,” the lawyers wrote. “Worse, the prosecutors have announced their intention to continue this partisan-driven misconduct indefinitely, effectively converting this Court’s docket into an arm of the Biden Campaign.”
A spokesman for Smith declined to comment on the motion. The motion says that Trump’s lawyers have conferred with prosecutors, who object to the sanctions request.
The contempt motion lays bare the simmering tension between prosecutors and defense lawyers in the landmark case charging Trump with scheming to overturn the results of the 2020 presidential election, which he lost to Democrat Joe Biden. It also highlights the stark division between the Smith team’s desire to keep the case on track for a March 4 trial date and Trump’s efforts to delay the prosecution, until potentially after the November election, in which Trump is the Republican front-runner.
At issue is a Dec. 13 order from Chutkan issued after Trump appealed to a higher court an earlier ruling that rejected his claims that he is immune from prosecution.
In her order last month, Chutkan, who was appointed by President Barack Obama, said that Trump’s appeal “automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation” on Trump.
Chutkan’s order suggested that requiring additional discovery or briefing would impose a burden on Trump. However, it does not appear to explicitly bar the filing of court papers or prohibit prosecutors from providing information to the defense.
Prosecutors acknowledged in a filing late last month that the case had been paused, but they said the government would “continue to meet its own deadlines as previously determined” by the court “to promote the prompt resumption of the pretrial schedule” if and when the case returns to Chutkan.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit is set to hear arguments on Tuesday on the immunity question and has signaled that it intends to move quickly, though additional appeals are still likely after that. The arguments are crucial because they concern the legally untested question of whether a former president is immune from prosecution and because the outcome is expected to help determine the fate and timing of the case.
The defense motion says Smith’s team should be punished for nudging the case forward during the pause by producing nearly 4,000 pages of potential evidence. The defense lawyers also objected to a Smith team motion last month arguing that Trump should be prevented from “raising irrelevant political issues or arguments in front of the jury,” including that the prosecution against him is vindictive and selective or was coordinated by Biden, who was Obama’s vice president.
Besides sanctions and contempt, Trump’s lawyers are asking the court to require prosecutors to get permission from the court before submitting any further filings. The defense wants prosecutors to reimburse Trump for attorneys’ fees and other expenses “that he has incurred responding to the prosecutor’s improper productions and filings.”
