Lawyers for former President Donald Trump are seeking to hold special counsel Jack Smith's team in contempt for allegedly violating a judge's order that temporarily paused the 2020 election interference case against Trump. The lawyers argue that Smith and two prosecutors on his team advanced the case by providing the defense with thousands of pages of evidence and filing a motion filled with "partisan rhetoric" and "false claims" while the case was on hold. They accuse the prosecutors of attempting to spread political propaganda and turn the court into an arm of the Biden campaign.

The defense motion also requests that the court require prosecutors to obtain permission before submitting any further filings, reimburse Trump for attorney's fees and expenses, and impose sanctions on Smith's team. Trump's lawyers claim that the prosecutors' actions constitute "outrageous conduct" and disregard the judge's order. They argue that the court should consider holding Smith and his team in contempt for their actions.

The motion highlights the tension between prosecutors and defense lawyers in the case, which centers around Trump's alleged efforts to overturn the results of the 2020 presidential election. It also underscores the division between Smith's team's desire to proceed with the trial and Trump's efforts to delay the prosecution until after the November election.

The controversy revolves around a December 13 order from U.S. District Judge Tanya Chutkan, who temporarily paused the case while Trump appeals a ruling denying him broad immunity from federal prosecution. The order halted all proceedings and filings related to the case, but it does not explicitly prohibit prosecutors from providing information to the defense or filing court papers. Prosecutors have argued that they are following the court's previous deadlines and will continue to do so if and when the case returns to Chutkan.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit is scheduled to hear arguments on Tuesday regarding the immunity question. The outcome of the appeal is expected to determine the fate and timing of the case. Trump's lawyers claim that Smith's team violated the judge's order by producing nearly 4,000 pages of potential evidence and filing a motion arguing that Trump should not be allowed to raise "irrelevant political issues or arguments" during the trial.

The defense motion accuses Smith's team of operating lawlessly and defying the court's authority. They argue that the requested sanctions are appropriate and necessary to deter further transgressions. Trump's lawyers assert that the judge's stay order was straightforward and only allowed for the enforcement of existing orders, such as a protective order for sensitive material. They claim that Smith's team violated the order multiple times in an attempt to score political points against Trump on behalf of the Biden campaign.

The White House has declined to comment on Smith's work, and Attorney General Merrick Garland has emphasized that the Justice Department operates independently of the White House and does not take orders from President Biden. The case against Trump includes four counts related to his alleged attempt to prevent the transfer of presidential power after the 2020 election. Trump has pleaded not guilty and accused Smith of pursuing a politically motivated prosecution. He currently leads the field of Republican candidates vying for the party's nomination in the 2024 presidential race.