Trump Files Motion To Hold Jack Smith In Contempt Of Court
Former President Donald Trump’s legal team has filed a motion to hold Special Counsel Jack Smith in contempt of court in the case related to the 2020 election and the January 6 Capitol protests — declaring that Smith has violated a court order pausing the proceedings.
Last month, U.S. District Court Judge Tanya Chutkan ordered a pause on legal filings in the case after Trump appealed her rejection of his presidential immunity defense. The appeal is currently making its way through the court system, and thus Smith’s entire case is paused until that issue is resolved.
Despite this fact, Smith’s team has continued to submit filings, including one on December 27 requesting that Chutkan stifle Trump’s First Amendment rights amid his presidential campaign — demanding that she limit him from engaging in “partisan political attacks.”
Smith’s team did acknowledge the pause in a footnote in the filing, writing that it could be done when the case resumed, but Trump’s lawyers argue that Smith’s actions are still a violation.
“All substantive proceedings in this court are halted. Despite this clarity, the prosecutors began violating the stay almost immediately,” Trump attorney John Lauro wrote in the motion.
Trump’s legal team went on to cite several examples of Smith’s team violating Chutkan’s order, including the fact that the special counsel had served discovery and an exhibit list after the proceedings had been paused.
“First, within five days of the Court entering the Stay Order, the prosecutors served thousands of pages of additional discovery, together with a purported draft exhibit list,” the motion stated.
This is not the first time that Trump’s legal team spoke out about the matter, as they issued a warning to Smith after the first violation before ultimately taking legal action.
They noted this fact in the motion, writing: “Ignoring this warning, the prosecutors filed an expansive motion in limine less than 10 days later. This document teems with partisan rhetoric, including false claims that President Trump ‘propagates irrelevant disinformation’ both ‘within the courtroom’ and ‘outside of it.’”
Trump’s attorneys concluded that Smith’s team deserved to be held in contempt for their actions and should be forced to pay “reasonable attorneys’ fees.” They also noted that Smith’s prosecutors have declared their intention to continue violating the pause order indefinitely.
It is clear in Chutkan’s stay order that these actions are prohibited, as it states that any further measures to “move [the] case forward” are ordered to pause “pending appeal” of the case.
