Federal prosecutors, led by special counsel Jack Smith, have responded to former President Donald J. Trump's attempts to hold them in contempt of court for continuing to file motions in the case accusing him of plotting to overturn the 2020 election. The prosecutors filed a brief in court, acknowledging that the election interference case had been put on hold while Trump seeks to have the charges dismissed based on claims of immunity. However, they stated that they were still voluntarily filing motions and providing discovery materials to Trump's lawyers, asserting that these actions do not burden the former president. This dispute over timing could determine whether the case goes to trial before the November election or if it is ultimately tried at all.
In response, Trump's lawyers have requested that Smith and two of his top deputies be held in contempt of court and sanctioned for violating a judge's order that froze the criminal case. They want Smith and his team to explain why they should not be held in contempt and potentially pay a portion of Trump's legal fees. This request is the latest move in the ongoing legal battle between the defense and prosecution, highlighting the importance of timing in the election subversion case. Trump's attempts to have the charges dismissed based on immunity will be heard by a federal appeals court and may eventually reach the Supreme Court.
Despite the hold on the case, prosecutors have tried to move it forward by providing Trump's legal team with a draft list of exhibits and additional discovery materials. They also asked the judge to prevent Trump from making "baseless political claims" or introducing "irrelevant disinformation" at the trial. Trump's lawyers have accused the prosecution of misconduct and disregarding the judge's order to pause the case. They have asked for severe consequences, including holding Smith and his deputies in contempt, making them pay Trump's legal fees, and prohibiting them from submitting further filings without permission.
The battle over the stay order reflects the significance of timing in the election interference case. Smith and his team have been advocating for a speedy trial, arguing that there is a public interest in prosecuting Trump promptly. They even made an unsuccessful request to the Supreme Court to bypass the appeals court and render a quick decision. On the other hand, Trump's lawyers have been using various tactics to delay the trial, hoping to postpone it until after the election. If Trump were to win the election, he would have the power to drop the federal charges against him.
