President Trump’s attorneys on Thursday asked the Court to hold Special Counsel Jack Smith in contempt for violating Judge Chutkan’s order staying all proceedings in the January 6 case against Trump.
“President Donald J. Trump respectfully moves this Court for an order to show cause why prosecutors Jack Smith, Molly Gaston, and Thomas Windom (collectively, the “prosecutors”) should not be held in contempt for violating the Court’s order “stay[ing] any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant.” Doc. 186 at 2 (the “Stay Order”).” Trump’s lawyer wrote in the order reviewed by The Gateway Pundit.
“The Stay Order is clear, straightforward, and unambiguous. All substantive proceedings in this Court are halted. Despite this clarity, the prosecutors began violating the Stay almost immediately. 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. Through counsel, President Trump advised that he rejected the prosecutors’ unlawful productions, that their actions violated the Stay Order, and that he would seek relief if their malicious conduct continued.” Trump’s lawyer Todd Blanche wrote.
Last month Obama-appointed Judge Tanya Chutkan paused Trump’s January 6 case in DC amid a dispute over the former president’s immunity argument.
In September Trump was hit with 4 counts in Jack Smith’s January 6 case up in DC: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Trump’s lawyers argued that Trump is immune from federal prosecution for alleged ‘crimes’ committed while he served as US President.
“In 234 years of American history, no president ever faced criminal prosecution for his official acts. Until 19 days ago, no court had ever addressed whether immunity from such prosecution exists,” Trump’s lawyers wrote in last month’s filing, according to CBS News. “To this day, no appellate court has addressed it. The question stands among the most complex, intricate, and momentous issues that this Court will be called on to decide.”
Jack Smith skipped over the appellate court and went straight to the US Supreme Court on Trump’s immunity claims.
The US Supreme Court late last month, without comment, denied Jack Smith’s request asking the justices to leapfrog the DC Circuit Court of Appeals and issue a ruling on Trump’s immunity argument.
Jack Smith will now have to wait for the US Circuit Court of Appeals for DC to make a decision. Oral arguments begin on January 9.
In the meantime, however, Jack Smith isn’t allowed to file any motions in the DC case due to Judge Chutkan’s order halting all proceedings pending a decision from the appellate court.
All pretrial proceedings are on hold, however, this has not stopped Jack Smith from filing motions.
Last week Jack Smith filed a motion in court to prevent President Trump from blaming provocateurs and undercover agents for the January 6 Capitol riot.
“Through public statements, filings and argument in hearings before the court, the defense has attempted to inject into this case partisan political attacks and irrelevant and prejudicial issues that have no place in a jury trial,” Jack Smith’s 20-page filing said.
“Although the court can recognize these efforts for what they are and disregard them, the jury — if subjected to them — may not. The court should not permit the defendant to turn the courtroom into a forum in which he propagates irrelevant disinformation, and should reject his attempt to inject politics into this proceeding,” Smith wrote according to the court filing reviewed by The Gateway Pundit.
President Trump previously attacked Jack Smith for filing an “illegal” motion in yet another attempt to muzzle him and take away his First Amendment right.
“Crooked Joe Biden’s errand boy, Deranged Jack Smith, is obsessed with attacking your favorite President, me, and with interfering in the 2024 Presidential Election, which I am Dominating. Deranged Jack is so Viciously and Desperately Angry that the Supreme Court just unanimously rejected his flailing attempt to rush this Witch Hunt, that he is ignoring the Law and clear instructions from the D.C. Court that this “case” should be stayed, and there cannot be any more filings. Today’s pathetic motion is not just Illegal, it is also another Unconstitutional attempt to take away my First Amendment Rights, and to prevent me from saying the TRUTH — that all of these Hoaxes are nothing but a political persecution of me, the MAGA Movement, and the Republican Party by Crooked Joe and his Despicable Thugs. The Radical Left Communists, Marxists, and Fascists are petrified of me speaking the TRUTH because the American People don’t want them destroying our Country. Make America Great Again!” Trump said on Truth Social last week.
