Lawyers representing former President Donald Trump are urging U.S. District Judge Tanya Chutkan in Washington, D.C. to hold special counsel Jack Smith and two of his prosecutors in contempt. The defense team claims that the prosecutors violated a judge’s order last month, which temporarily suspended the 2020 election-interference case against Trump.
Trump’s attorneys alleged that the prosecutors engaged in “outrageous conduct” by providing them with thousands of pages of evidence and an exhibit list while the case was on hold. Additionally, the defense argued that the prosecutors filed a motion more than a week after the pause, which they believe contained “partisan rhetoric” and “false claims.”
The lawyers assert that the prosecutors aim to exploit the suspension to disseminate political propaganda, taking advantage of Trump’s inability to fully respond due to the legal relief granted during the pause. They further accused the prosecutors of intending to perpetuate this biased misconduct indefinitely, effectively transforming the court’s docket into an extension of the Biden Campaign.
Background
(From the archives – December 2023): The Supreme Court declines to expedite ruling on whether Trump can be prosecuted.
(Also see – December 2023): Trump’s lawyers assert immunity claims and seek dismissal of the election-interference case.
A spokesperson for Smith declined to comment on the motion, while Trump’s attorneys disclosed that they have communicated with the prosecutors, who oppose the request for sanctions.
Contempt Motion Reveals Tension in Landmark Case Against Trump
The ongoing legal battle over former President Donald Trump’s alleged attempt to overturn the results of the 2020 presidential election has intensified with a contempt motion filed by prosecutors against defense lawyers. This motion exposes the simmering tension between the two sides and sheds light on their conflicting interests.
Trump lost the election to Democrat Joe Biden by over 7 million votes and a 306-232 count in the Electoral College. The case, which has become a landmark, has attracted significant attention from the media and the public alike.
The motion also highlights the stark contrast between the aspirations of the Smith team, who aim to keep the case on track for a trial on March 4th, and Trump’s efforts to postpone the prosecution until after the November election – an election in which he is the favored Republican candidate.
Central to the issue at hand is a December 13th order by Judge Chutkan, which was issued after Trump appealed a previous ruling that denied his claim of immunity from prosecution.
In her order last month, Judge Chutkan, who was appointed by President Barack Obama, explained that Trump’s appeal automatically halted any further proceedings, preventing the case from progressing towards trial or imposing additional litigation burdens on Trump.
Although Chutkan’s order suggests that requiring additional discovery or briefing would burden Trump, it does not explicitly prohibit prosecutors from providing information to the defense or filing court papers.
Prosecutors acknowledged in a recent filing that the case has been paused, but they assured the court that the government would adhere to its own pre-determined deadlines in order to facilitate a prompt resumption of the pretrial schedule if and when the case is returned to Judge Chutkan.
Immunity Question to be Argued in Appeals Court
A significant legal battle is set to unfold in the U.S. Court of Appeals for the District of Columbia Circuit as a three-judge panel prepares to hear arguments on the immunity question. This case holds high stakes as it involves the untested question of whether a former president is immune from prosecution. It is also expected to play a pivotal role in determining the fate and timeline of the entire case.
Defense’s Concerns
The defense has filed a motion expressing concerns over the opposing party’s actions during the pause in proceedings. They argue that the other team, led by Smith, should face consequences for pushing the case forward during this period. Specifically, the defense points to the production of nearly 4,000 pages of potential evidence.
In addition, the defense lawyers have raised objections to a motion submitted by Smith’s team last month. The motion suggested that Trump should be prohibited from bringing up “irrelevant political issues or arguments” in front of the jury. Such issues include claims that the prosecution is vindictive, selective, or orchestrated by Biden, Obama’s former vice president.
Trump’s Requests
Trump’s legal team is seeking various actions from the court. Firstly, they ask for sanctions and contempt charges against Smith’s team in response to their alleged misconduct during the pause. Furthermore, Trump’s lawyers request that prosecutors obtain permission from the court before submitting any future filings. Additionally, they demand reimbursement for attorneys’ fees and other expenses incurred as a result of responding to the prosecutor’s inappropriate productions and filings.
It remains to be seen how the three-judge panel will rule on these matters during Tuesday’s arguments. However, it is likely that further appeals will follow, prolonging the resolution of this consequential case.
