Special counsel Jack Smith should not be allowed to file a massive “hit piece” against former President Donald Trump on the public docket ahead of the election, especially while Trump remains under a gag order, his attorneys told the judge Monday.
Prosecutors requested permission Saturday to file an “oversized motion,” which they estimated would be up to 180 pages, when they submit an opening brief this week laying out their argument that Trump’s superseding indictment is not covered by presidential immunity. Allowing such a filing would “violate the Presidential immunity doctrine, taint the integrity of these proceedings, increase the First Amendment harms resulting from the Gag Order, and violate the Justice Manual,” Trump’s attorneys argued.
“False, public allegations by the Special Counsel’s Office, presented through a document that has no basis in the traditional criminal justice process, will undoubtedly enter the dialogue around the election,” his attorneys wrote. “The Gag Order prevents President Trump from explaining in detail why the Office’s selective and biased account is inaccurate without risking contempt penalties.”
“The Office cannot be permitted to issue a massive and misleading public statement that is not responsive to a defense motion, and risks adverse impacts to the integrity of these proceedings, while simultaneously insisting on an unconstitutional prior restraint on President Trump’s ability to respond to their inaccurate assertions while he is campaigning,” his attorneys continued.
Over objections from Trump’s attorneys, Judge Tanya Chutkan previously instructed Smith to file the first brief by Sept. 26.
In the Saturday filing, prosecutors noted their brief would include “a detailed factual proffer” and “extensive footnote citations to an exhibit appendix.” They argued such a “comprehensive brief” exceeding the typical 45 page limit would be of “great assistance to the Court in creating a robust record.”
Trump’s attorneys said the filing would violate the Justice Manuel, which restricts federal prosecutors from timing actions “for the purpose of affecting any election.”
“Departures from these practices should never be countenanced because they risk allowing prosecutors to impact national elections, but the situation is even worse here where the Special Counsel’s Office is seeking to do so by turning criminal procedure on its head in order to file a 180-page false hit piece,” Trump’s attorneys wrote.
Featured Image Credit: United States Department of Justice
