President Trump’s legal team responded to special counsel Jack Smith’s request to file an extensive 180-page “opening brief” in the January 6 case in Washington, D.C.
Smith’s move comes as he prepares to address the Supreme Court’s ruling on presidential immunity and appears to be an attempt to release a critical report on Trump ahead of the 2024 election, according to Trump’s attorneys.
Judge Tanya Chutkan, who was appointed by President Obama and is overseeing the case, previously approved an “irregular” filing by Jack Smith, paving the way for his latest request to submit an unusually long document.
Trump’s legal team criticized the motion, describing it as a tactic to attack the former president publicly before the election.
In a nine-page court filing, Trump’s lawyers argued that the special counsel’s request would allow Smith to release a politically charged document far exceeding the typical page limits for such filings in the district.
They pointed out that Smith cited no precedent for this kind of filing, nor any case in which such relief was granted.
Trump’s attorneys further warned that the allegations presented in the lengthy document would inevitably influence public discussion surrounding the election, particularly because Trump is restricted from responding due to the gag order imposed on him.
The gag order, they argued, prevents Trump from defending himself against Smith’s “selective and biased account” without risking contempt penalties.
“False, public allegations by the Special Counsel’s Office will undoubtedly enter the dialogue around the election,” Trump’s attorneys wrote, emphasizing that the court had previously modified the gag order but noted the trial would precede the general election by almost a year.
The defense team also highlighted the Justice Department’s longstanding “60-day rule,” which advises federal prosecutors to avoid actions that could impact an election.
They referenced former FBI Director James Comey and former Attorney General Loretta Lynch, both of whom expressed the importance of not taking actions that could affect an election outcome in the lead-up to voting.
Trump’s attorneys accused the DOJ of violating its own guidelines by pursuing this high-profile filing so close to the 2024 election, adding that it was inappropriate for prosecutors to time their actions to disadvantage a political candidate.
They urged the court to enforce these standards and reject the special counsel’s request for an extended brief.
1 Comment
These hate mongers will do anything to win an election. They are all a threat to our country and our democracy.