Trump's Lawyers Seek Contempt Charges Against Special Counsel in Election Interference Case

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ICARO Media Group
Politics
04/01/2024 21h49

In a latest development in the high-stakes election interference case against former President Donald Trump, his legal team has motioned to hold special counsel Jack Smith and two of his prosecutors in contempt. Trump's lawyers argue that the prosecutors violated a judge's order by advancing the case during a temporary hold and engaging in partisan misconduct.

The motion, filed by Trump's attorneys, alleges that Smith's team took steps to progress the 2020 election interference case against Trump, despite a judge's order last month to pause the proceedings. The lawyers claim that the prosecutors turned over thousands of pages of evidence and an exhibit list to the defense during the hold, in addition to filing a motion filled with "partisan rhetoric" and "false claims" more than a week later.

Trump's legal team accuses the prosecutors of attempting to "weaponize the Stay to spread political propaganda," knowing that Trump would be unable to respond fully due to the court's relief from litigation during the hold. The motion further asserts that the prosecutors have expressed their intention to continue this allegedly partisan-driven misconduct indefinitely, turning the court's docket into "an arm of the Biden Campaign."

Smith's spokesperson declined to comment on the motion, while Trump's lawyers claim to have consulted with the prosecutors, who object to the sanctions request.

The contempt motion highlights the increasing tensions between the prosecution and defense in the high-profile case, which charges Trump with scheming to overturn the results of the 2020 presidential election, ultimately won by Democrat Joe Biden. It also underscores the sharp divide between Smith's team's desire to maintain the trial's scheduled date of March 4 and Trump's efforts to delay the proceedings, potentially until after the November election, in which Trump is the Republican front-runner.

The crux of the issue lies in a December 13 order by U.S. District Judge Tanya Chutkan, which automatically put the case on hold after Trump appealed a previous ruling that rejected his claims of immunity from prosecution.

While Chutkan's order acknowledged that additional discovery or briefing would hinder Trump, it did not explicitly prohibit the filing of court papers or prevent prosecutors from providing information to the defense. Last month, the prosecutors acknowledged the hold in a filing but affirmed their commitment to meet their own deadlines, ensuring a prompt resumption of the pretrial schedule if the case returns to Chutkan.

On Tuesday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit will hear arguments regarding the immunity question. The panel aims to expedite the decision, although further appeals are expected. The outcome of this hearing will play a crucial role in determining the fate and timing of the case, addressing the legally untested question of a former president's immunity from prosecution.

In addition to seeking contempt charges against Smith's team, Trump's lawyers are requesting that the court require prosecutors to obtain permission before submitting further filings. The defense is also demanding reimbursement for attorneys' fees and other expenses incurred in responding to the alleged improper productions and filings by the prosecutors.

As this high-profile case unfolds, the clash between the defense and prosecution intensifies, setting the stage for a legal battle that could shape the legacy of the 2020 election.

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

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