Breaking News Stories

Jack Smith Should Not Be Allowed To File 180 Page ‘Hit Piece’ While Trump Remains Under Gag Order, Attorneys Say

Special counsel Jack Smith should not be allowed to submit an extensive “attack story” against former President Donald Trump to the public record ahead of the presidential election, especially while Trump is still under a speech censorship, his lawyers told a judge on Monday.

The prosecution requested permission On Saturday, they announced they would file a “supercharged motion,” estimated to be 180 pages long, with opening statements this week arguing that the charges against Trump fall outside the scope of presidential immunity. Allowing such a motion would “violate the principles of presidential immunity, tarnish the integrity of this litigation, increase the First Amendment damages of the gag order, and violate the Judiciary Manual,” Trump's lawyers said. Claimed.

“The Special Counsel's Office's false public allegations, presented through documents that have no basis in traditional criminal justice proceedings, will undoubtedly feed into the debate over the election,” the lawyers wrote. “The gag order prevents President Trump from detailing why the Office's selective and biased narrative is inaccurate without risking penalties for contempt of court.”

“The prosecutors cannot afford to fail to respond to the defense's motions and make sweeping and misleading public statements that risk negatively impacting the integrity of this proceeding, while at the same time asserting an unconstitutional prior restraint on President Trump's ability to respond to their inaccurate allegations during his campaign,” his lawyers continued.

Despite objections from Trump's lawyers, Judge Tanya Chutkan had instructed Smith to file his opening brief by September 26. (Related article: Judge Chutkan gives Jack Smith final chance to hit Trump before election)

WATERLOO, IOWA – DECEMBER 19: Republican presidential candidate and former U.S. President Donald Trump looks on during a campaign event on December 19, 2023 in Waterloo, Iowa. Iowa Republicans will hold their caucus on January 15, 2024, to first choose the party's nominee for the 2024 presidential election. (Photo by Scott Olson/Getty Images)

In their filing Saturday, prosecutors noted that their briefs would include a “detailed presentation of facts” and “extensive footnote citations to exhibits in the appendix.” They argued that such “comprehensive briefs,” which go beyond the usual 45-page limit, “will greatly assist the Court in creating a robust record.”

Trump's lawyers said the allegations violate the Manuel Manuel Act, which limits federal prosecutors from timing actions “with the intent to influence an election.”

“Departures from these practices should never be tolerated because they risk allowing prosecutors to influence a national election, but even worse is the Office of Special Counsel's attempt to do so by subverting the criminal process in order to file a 180-page attack dossier of false statements,” Trump's lawyers wrote.

As an independent, nonpartisan news service, all content produced by the Daily Caller News Foundation is available free of charge to any legitimate news publisher with a large readership. All republished articles must include our logo, reporter byline, and affiliation with the DCNF. If you have any questions about our guidelines or partnering with us, please contact us at licensing@dailycallernewsfoundation.org.

Share this post: