WASHINGTON — Attorneys for former President Donald Trump are once again pushing to delay his federal election interference trial, telling a judge that special counsel Jack Smith and federal prosecutors should be held in contempt for filing motions ahead of deadlines and continuing to provide Trump's team with discovery.
John Lauro — a Trump attorney who has argued that Trump's election interference trial should be delayed until 2026 — filed a motion Thursday calling for the special counsel to be held in contempt for what Lauro called an "unlawful" production of discovery, accusing federal prosecutors of "partisan-driven misconduct."
A spokesman for the special counsel declined to comment.
Lauro argues that Smith cannot keep filing because U.S. District Judge Tanya Chutkan paused proceedings in the case in December while an appeals court considers Trump's contention that he can't be prosecuted because of presidential immunity, though the March 4 trial date is still on the books.
But in that order, Chutkan made clear that the deadlines were merely "held in abeyance" rather than permanently vacated and noted that the purpose of the stay was for the benefit of Trump's team, so as not to "impose additional burdens of litigation" on Trump as he pursued the appeal.
There was nothing in the order that barred federal prosecutors from continuing to proactively provide discovery or file motions even though the deadlines were lifted.
Chutkan explicitly raised the possibility that she would "retain" deadlines if the appeals court rejects Trump's presidential immunity claim.
“If jurisdiction is returned to this court, it will — consistent with its duty to ensure both a speedy trial and fairness for all parties —consider at that time whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4, 2024," Chutkan wrote.
Smith's team stated last month, ahead of Chutkan's order staying the proceedings, that it would meet every deadline even if those deadlines were temporarily lifted.
"To help ensure that trial proceeds promptly if the Court’s order is affirmed, during the pendency of the defendant’s appeal, the Government will meet every pretrial deadline the Court has set for it. Then, as soon as the mandate returns, the Court can promptly resolve any remaining issues and start trial," they wrote.
Smith's office used similar language in motions they filed on Dec. 18 and Dec. 27.
Delaying the trial as long as possible is a core component of Trump's legal strategy, and Trump's latest legal filing appears to have been closely coordinated with the Trump campaign for maximum media exposure. Moments after it was filed, the Trump campaign issued a statement calling Smith "Deranged" and describing the longtime federal prosecutor — who has overseen prosecutions of Democrats John Edwards and Bob Menendez — as a "henchman" for President Joe Biden.
The America First Policy Institute, a Trump-affiliated group, previously pointed to the failed prosecutions of Edwards and Menendez as evidence of Smith's "troubling record of failed, botched, and/or suspect prosecutions against prominent public figures."
The Trump campaign statement maintained that Trump was "carrying out his duty as President to investigate the Rigged and Stolen 2020 Presidential Election," rather than, as Smith's team contends, in pursuit of his own personal interest in securing a second term in office.
