Trump seeks to hold Jack Smith in contempt of court with a ‘PowerHouse’ motion
OAN’s Abril Elfi
1:58 PM – Thursday, January 4, 2024
Former President Donald Trump’s lawyers have filed a “powerhouse” motion, which calls for a judge to hold Special Counsel Jack Smith in contempt regarding the 2020 election interference case.
On Thursday, the 45th president’s attorneys filed the motion calling for a federal judge to hold Smith in contempt of court for purportedly “repeatedly violating” a stay order in his election investigation.
Smith’s legal battle against the 2024 GOP front-runner is on hold while Trump’s legal team files an appeal arguing that he is immune from prosecution.
The trial had reportedly been set for March 4th.
Trump Attorney John Lauro wrote in the filing that “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,” he continued.
The court halted proceedings within five days, according to Lauro, and Smith’s team “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,” he said. “Smith filed an expansive motion in limine less than 10 days later, which teems with partisan rhetoric, including false claims that President Trump ‘propagates irrelevant disinformation’ both ‘within the courtroom’ and ‘outside of it.’”
Additionally, according to Lauro, the motion “mirrors the dishonest talking points of the Biden administration,” which falsely claim that President Trump was to blame for the events of January 6th, 2021 when, in reality, he had called for peaceful and patriotic assembly and protest.
“In this manner, the prosecutors seek to weaponize the Stay to spread political propaganda, knowing that President Trump would not fully respond because the Court relieved him of the burdens of litigation during the Stay,” Lauro wrote. “Worse, the prosecutors have announced their intention to continue this partisan-driven misconduct indefinitely, effectively converting this Court’s docket into an arm of the Biden campaign.”
During the U.S. Capitol breach on January 6th, Kash Patel, the chief of staff to acting Defense Secretary Christopher Miller, also said that D.C. Mayor Muriel Bowser had postponed calling for the National Guard in the days preceding the incident, not Trump. “Mayor Bowser wrote a letter herself on approximately Jan. 4. … declining further requests for National Guard services outside of the 346 National Guardsmen already authorized,” Patel said.
Smith and the federal prosecutors, according to Lauro, have to be placed in contempt of court, made to “immediately” rescind their motion in limine and “improper” productions, and prohibited from making any more filings while the stay is in effect.
Lauro additionally suggested that they evaluate “monetary sanctions in the amount of President Trump’s reasonable attorneys’ fees and expenses incurred in responding to the prosecutors’ improper productions and filings.”
In August, Trump entered a not guilty plea in federal court to all four federal charges resulting from Smith’s investigation into January 6th, 2021, and alleged election interference in 2020.
Trump faces allegations of conspiring to defraud the United States, attempting to obstruct an official proceeding, and blocking an official proceeding.
Smith submitted a case to the U.S. Court of Appeals for the District of Columbia refuting Trump’s assertion of presidential immunity.
In an attempt to expedite their review of the immunity claim before it was fully considered by a federal appeals court, Smith filed the appeal, however, the U.S. Supreme Court rejected it last month.
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What specific allegations were made against Special Counsel Jack Smith in the motion filed by former President Donald Trump’s lawyers?
In a recent development, former President Donald Trump’s lawyers have taken the drastic step of filing a motion calling for a judge to hold Special Counsel Jack Smith in contempt regarding the 2020 election interference case. This move has been described as a “powerhouse” motion, indicating the seriousness with which Trump’s legal team regards the situation.
The motion alleges that Smith repeatedly violated a stay order in his election investigation, thereby necessitating contempt proceedings. It is worth noting that Trump’s legal battle against the 2024 GOP front-runner is currently on hold while his legal team files an appeal arguing for presidential immunity from prosecution. The trial, which had been scheduled for March 4th, has been temporarily halted.
Trump Attorney John Lauro argued in the filing that the stay order was clear, straightforward, and unambiguous. He further accused Smith’s team of violating this order by serving thousands of pages of additional discovery and submitting a draft exhibit list. Lauro also criticized Smith for filing a motion in limine, which he claimed was teeming with partisan rhetoric and false claims regarding Trump and his alleged propagation of disinformation.
Lauro went on to highlight the alleged attempts by Smith and the federal prosecutors to spread political propaganda and make the court’s docket an arm of the Biden campaign. He accused them of weaponizing the stay order and continuing their partisan-driven misconduct indefinitely.
Furthermore, the motion contested the notion that Trump was to blame for the events of January 6th, 2021, when the U.S. Capitol was breached. Lauro pointed out that Kash Patel, the chief of staff to acting Defense Secretary Christopher Miller, had stated that it was D.C. Mayor Muriel Bowser who postponed calling for the National Guard, not Trump.
As a result of these alleged violations and misconduct, Lauro demanded that Smith and the federal prosecutors be held in contempt of court, rescind their motion in limine and improper productions, and refrain from making any further filings while the stay order is in effect. He also suggested that monetary sanctions be imposed, covering Trump’s reasonable attorneys’ fees and expenses incurred in responding to the prosecutors’ improper productions and filings.
It is important to note that in August, Trump pleaded not guilty to federal charges resulting from Smith’s investigation into the January 6th, 2021 Capitol breach and alleged election interference in 2020. The charges against Trump include conspiring to defraud the United States, attempting to obstruct an official proceeding, and blocking an official proceeding.
Smith, on the other hand, submitted a case to the U.S. Court of Appeals for the District of Columbia, refuting Trump’s assertion of presidential immunity. In an attempt to expedite the review of the immunity claim before a federal appeals court, Smith filed an appeal, but it was rejected by the U.S. Supreme Court last month.
This ongoing legal battle between Trump and Smith raises important questions about the limits of presidential immunity, the role of federal prosecutors, and the potential implications for future investigations involving former presidents. As the case unfolds, it will be crucial to closely monitor the developments and consider the potential ramifications for the U.S. legal system as a whole.
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