Special counsel Jack Smith should not be allowed to turn over key documents in the election interference case against former President Donald Trump while the fight over evidence continues, Trump's lawyers told a judge on Thursday.
His lawyer Urged Judge Tanya Chutkan set a date for prosecutors to file their opening brief on presidential immunity on Sept. 26, but she asked him to reconsider her decision. They argued that Smith's filing without addressing ongoing evidentiary issues “amounts to an improper motion for summary judgment in the court of public opinion” ahead of the election.
Trump's legal team noted that “there are ongoing discovery violations in this case that relate to presidential immunity and other strong defenses, including the prosecutor's failure to present exculpatory evidence regarding flaws and false allegations in this prosecution.” Prosecutors said their review of the evidence “completely denied the existence of presidential immunity” before the Supreme Court ruled on July 1 that former presidents cannot be prosecuted for their official duties while in office. (Related: Judge Chutkan acknowledges that whatever he rules in Trump case, there is a 'risk that it will be overturned')
“The Supreme Court's recent decisions have established important procedural and substantive standards for this defense that were far from being taken into account by the prosecution at the time the bulk of the discovery was collected and submitted,” Trump's lawyers wrote.
WASHINGTON, DC – JANUARY 31: Republican presidential candidate and former U.S. President Donald Trump speaks to reporters at the International Brotherhood of Teamsters Headquarters in Washington, DC on January 31, 2024. (Photo by Chip Somodevilla/Getty Images)
Trump's lawyers said they were entitled to argue that all of the charges in the indictment, including those related to Trump's interactions with Vice President Mike Pence, were covered by immunity clauses.
Mr. Smith filed a new indictment in late August that included the same four charges but removed the allegations that the Supreme Court had expressly found to be covered by immunity, and updated language to emphasize that Mr. Trump was acting outside of official duties.
“The prosecutors' planned filings to defend a flawed indictment before President Trump has had an opportunity to obtain and review all necessary evidence… [these] With the election fast approaching, the defendants should pursue “criminal proceedings,” the defense argued. (Related article: Presidential election results in “largest jury verdict in history,” Trump's legal battle stalled)
According to the filing, outstanding discovery issues include President Trump's requests for information about “Government officials who were at the United States Capitol on January 6,” requests for security on January 6, and “evidence of bias and misconduct” by prosecutors.
Ultimately, his lawyers argued that the case should be “swiftly” dismissed.
“Removal is necessary to protect the integrity of the Presidency and future elections, and to protect the constitutional rights of President Trump and the American people,” the lawyers wrote.
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