Former deputy independent counsel Sol Wisenberg said that Special Counsel Jack Smith’s latest legal moves were “a clear violation” of a judge’s order Thursday.

Attorneys for former President Donald Trump asked United States District Judge Tanya Chutkan of the District of Columbia to hold Smith in contempt of court, saying Smith violated Chutkan’s Dec. 13 order pausing proceedings while one of her rulings was on appeal. Chutkan rejected a motion by Trump’s attorneys to dismiss the charges from a four-count indictment secured by Smith in August on Dec. 7 on the grounds of presidential immunity.

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“Well, let’s first talk about whether or not he has violated the court order, her order, her stay order and I think he clearly has when he filed his motion in limine,” Wisenberg told “Ingraham Angle” guest host Jeanine Pirro. “Her order basically says we’re not going to do anything to impose new discovery obligations on any of the litigants and he filed a motion in limine and normally, when you do that, the other side has to respond. So I think it’s a clear violation of her order.”

The Supreme Court refused to hear Smith’s request for them to directly consider the appeal of Chutkan’s ruling against Trump’s effort to get the charges dismissed. Chutkan previously refused to recuse herself from the case in a Sept. 27 ruling and imposed a gag order on Trump Oct. 16.

“I do not believe she is going to hold Jack Smith into contempt,” Wisenberg continued. “She has gone out of her way, she has done everything possible to grant the government’s motions in this case. So I don’t think that’s going to happen. I think at most what she will do is say that that motion must be withdrawn right now.”

Harold Hutchison on January 4, 2024



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