Former President Donald Trump and his legal team have initiated an aggressive move against Special Counsel Jack Smith, calling for him to be held in contempt of court and demanding that he and his team pay "reasonable attorneys' fees" due to what they describe as "outrageous conduct" in the ongoing January 6 case. Trump's lawyers allege that Smith's team violated a stay order issued by U.S. District Judge Tanya Chutkan, which temporarily halted the case as Trump appeals her decision denying him broad immunity from federal prosecution.
In a legal filing, Trump's team accused the prosecutors of continuing to advance the case against him, including the service of a draft exhibit list and a motion to exclude certain types of evidence, despite the judge's clear stay order. They argue that this action is not just a violation of the court's order but also an attempt to weaponize the stay to spread political propaganda with the underlying motive of influencing the upcoming elections.
Trump's lawyers argue that Smith's actions are a thinly-veiled attempt to keep Trump out of office, accusing the Special Counsel's team of converting the court's docket into an arm of the Biden campaign. They suggest that Smith and his team should withdraw their recent motion and other productions, which they deem improper, as an initial remedy for their conduct.
In response to these allegations, a representative for Smith declined to comment on the motion. However, in a previous filing, prosecutors noted that while the case had been paused, the government would continue to meet its own deadlines as previously determined by the court to promote the prompt resumption of the pretrial schedule. Trump's legal team, however, views this as a violation of the stay order and evidence of a broader strategy to tarnish Trump's public image and political prospects.
Trump has been vocal about his view of the case, using his platform on TruthSocial to question the timing and intent behind the lawsuit and labeling it as "ELECTION INTERFERENCE." His lawyers further contend that this case is part of a broader pattern of persecution against Trump, aiming to subvert democracy and keep him from regaining power.
As the legal battle intensifies, Trump is planning to attend the next week's appeals court arguments on his efforts to dismiss the case based on his claim of presidential immunity. This appearance would mark Trump's first visit to the federal courthouse in Washington, D.C., since his arraignment in August. With the campaign calendar heating up, sources close to the former president expect that primary dates and court appearances will start to collide, with Trump expressing a strong desire to attend significant court events, including the closing arguments in the New York attorney general's fraud civil suit and the second E. Jean Carroll defamation trial.