Judge Rejects Trump's Request to Hold Special Counsel in Contempt

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ICARO Media Group
Politics
18/01/2024 20h10

In a recent development regarding the federal election interference case involving former President Donald Trump, the judge overseeing the proceedings has rejected Trump's request to hold special counsel Jack Smith and his office in contempt. U.S. District Judge Tanya Chutkan announced her decision on Thursday, stating that while she agrees with Trump that Smith's filings impose a burden on him, it is not significant enough to warrant holding the special counsel in contempt.

The request to hold Smith in contempt was made by Trump's attorneys earlier this month. They argued that Smith should be held accountable for filing motions while the case is stayed pending Trump's appeal on presidential immunity grounds. Judge Chutkan acknowledged that Smith's filings place a "cognizable" burden on Trump, but highlighted that it was not a major burden for his legal team to review the filings.

In her opinion and order, Judge Chutkan announced that she would now prohibit the special counsel from making substantive pretrial motions without prior permission. Both parties will be required to seek Judge Chutkan's permission before filing any additional pre-trial motions during the stay order. The Judge clarified that this measure, aimed at further advancing the purpose of the stay order, does not signify a violation of any terms or bad faith actions by the government.

However, Chutkan noted that the matter of continuing to produce discovery should be treated separately. She explained that merely receiving discovery or an exhibit list does not pose a significant burden as it requires no review or response from Trump's legal team.

Special counsel Jack Smith's office had previously notified both the court and Trump's legal team that it intended to meet the deadlines set by the court. They countered Trump's motion to hold Smith in contempt by emphasizing that they had carried out what they had previously stated.

Judge Chutkan acknowledged in her order that Smith's office was factually correct in stating that the stay order did not prohibit them from meeting deadlines voluntarily. The key operative sentence of the stay order did not explicitly prohibit the government from voluntary compliance with the pretrial order's deadlines.

Trump had filed a motion claiming that the federal government violated a court order by continuing to produce discovery and filing a motion while the case was put on hold. His lawyer, John Lauro, argued that Smith should be held in contempt for engaging in "unlawful" production of discovery and accused federal prosecutors of partisan-driven misconduct.

Trump is currently awaiting a ruling by a federal appeals court on his argument that he is immune from prosecution over his alleged election interference efforts as he was president at the time. It is anticipated that the case will eventually reach the Supreme Court for a final decision.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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