Former President Donald Trump has filed a motion to hold Special Counsel Jack Smith in contempt of court for violating a suspension following Judge Tanya Chutkan's January 6 ruling suspending the case. Ta.
This undated photo shows U.S. District Judge Tanya Chutkan. Chutkan was originally assigned to handle the election fraud case against former President Donald Trump (U.S. Office of the Administrative Court, via The Associated Press).
documents read:
Order to show cause that President Donald J. Trump shall not hold prosecutors Jack Smith, Molly Gaston, and Thomas Windham (collectively, “Prosecutors”) in contempt for violating the court's “cease and desist order.” I respectfully submit to this court.[ing] No further proceedings should be taken that would move the case to trial or impose additional litigation burdens on the defendant. ”
Trump's lawyers have argued that the stay order was “clear, simple, and straightforward.”
“All substantive proceedings in this court are stayed,” they wrote. But prosecutors said the suspension order was violated “almost immediately,” citing examples:
First, within five days of the court's cease and desist order, prosecutors served thousands of pages of additional discovery, along with a purported draft exhibit list. President Trump, through his attorney, rejected the prosecutor's illegal play, advised that the prosecutor's actions violated the stay order and would seek redress if the egregious behavior continued. Ignoring this warning, prosecutors filed a sweeping motion for restraint less than 10 days later.
The document is filled with partisan rhetoric, including false claims that President Trump is “spreading irrelevant disinformation” both “inside” and “outside the courtroom.” Furthermore, MIL reflects the Biden administration's disingenuous talking points, holding President Trump responsible for the events of January 6, 2021, when he was actually calling for peaceful and patriotic gatherings and protests. Again, you are making a false claim. In this way, prosecutors would weaponize the stay to spread his political propaganda, knowing that President Trump would not respond adequately because the courts had eased the burden of the case during the stay. It is said that To make matters worse, prosecutors announced their intention to continue this partisan-driven illegal activity indefinitely, effectively turning this court document into a weapon for the Biden campaign.
Trump's lawyers proposed the following to “correct” what they described as prosecutors' “outrageous conduct.”
[T]The court should issue an order showing cause why the prosecutor may not: (1) Be prosecuted for contempt. (2) MIL and inappropriate production must be withdrawn immediately; (3) While the cease and desist order is in effect, further filings or filings are prohibited without the express permission of the court. (4) Monetary sanctions in the amount of President Trump's reasonable attorney's fees and costs incurred in response to the prosecution's improper production and filings, including the litigation in this motion (collectively, the “Request for Sanctions''); evaluated.
Trump campaign spokesman Stephen Chan called the filing, “Crooked Joe Biden's henchman, deranged Jack Smith, held in contempt of court for repeatedly violating cease and desist orders during the J6 witch hunt in Washington, D.C.'' “This is a strong motion to do so.”
Special Counsel Jack Smith speaks to reporters in Washington, Friday, June 9, 2023. Former President Donald Trump faces 37 felonies related to mishandling classified documents, according to an indictment unsealed Friday.(AP Photo/Alex Brandon)
“Although Mr. Smith was ordered by the trial court to take no further action until the issue of presidential immunity is resolved, President Trump did not fulfill his presidential duties to investigate the 2020 fraud and theft scandal. Therefore, this “suit” should be completely dismissed. Chan said Smith “unilaterally decided not to comply with the cease and desist order and proceed with the harassment lawsuit, all while parroting the poor Biden campaign's corrupt talking points in the name of election interference.” This was done to continue giving back,” he said.
“As a result, President Trump is trying to hold deranged Jack in contempt of court,” he said. “No prosecutor is above the law.”
RELATED | EXCLUSIVE — Trump on superseding Jack Smith indictment: 'This is harassment'
Matthew Perdie / Breitbart News, Jack Knudsen / Breitbart News
The lawsuit comes nearly a month after Chutkan's decision on January 6 to suspend the lawsuit after Trump claimed he was subject to “presidential immunity.” At the time, the Trump campaign called the decision a “huge victory” for the former president, saying: As with the rule of law, it would effectively block what Trump allies say is Smith's attempt to interfere in the 2024 election.
A few weeks ago, the U.S. Supreme Court denied Smith's request for an expedited review, so the case will now go through the normal process in the Court of Appeals. This was a further blow to Smith, who is racing against time to bring Trump to justice before the 2024 election.
The case is us vs trumpNo. 23-3228 of the U.S. Court of Appeals for the District of Columbia Circuit.
