In a recent court filing, former President Donald Trump and his legal team have requested sanctions against special counsel Jack Smith and even suggested holding him in contempt for allegedly violating a stay order in the federal election subversion case related to the events of January 6th. The filing argues that Smith's actions are politically motivated and accuses him of operating as an arm of the Biden campaign.
The case, which is currently on hold as Trump litigates larger questions regarding possible immunity, has not deterred special counsel Smith from filing motions and submitting discovery requests during the holiday period. Trump's legal team has criticized Smith's actions, claiming that they go against the agreed-upon stay order. They particularly highlight receiving 4,000 pages of discovery and various motions, which they argue should not have been submitted during the stay.
The Trump team's filing proposes several actions to address these alleged violations. They request that Smith be held in contempt, withdraw his motions, be barred from submitting further motions, and seek monetary sanctions in the form of Trump's legal fees for dealing with the additional filings.
Although the judge overseeing the case, Judge Chutkan, has expressed a desire to move the proceedings along quickly, it remains to be seen how she will rule on this matter. It is unlikely that Trump's team will obtain everything they have asked for, as the judge maintains discretion in determining the appropriate response.
The Trump legal team's argument centers around whether the stay order specified a complete freeze on all activities related to the case or only affected ongoing hearings and court appearances. If they can prove that the stay order indeed meant a freeze from any burdens of litigation, it could bolster their claims of noncompliance by special counsel Smith.
The request for monetary sanctions is a common tactic in cases of alleged contempt, aiming to hold the opposing party responsible for the expenses incurred due to their actions. However, the Trump team's argument that they should not be receiving any documents during the stay period appears to go against typical legal practice.
There are also suggestions that the Trump team's strategy may be to further delay the proceedings, creating a potential advantage in terms of timing. By pushing for a later receipt of discovery documents, they could argue against the allegation that they had ample time to review the evidence long before the trial started.
In an unrelated development, it has been reported that former President Trump plans to attend upcoming federal appeals court arguments on whether he can assert presidential immunity for his actions as president, which are currently under investigation. While some question the wisdom of his attendance given the unique circumstances he faces as a former president and presidential candidate, others argue that being present will allow him to assess the performance of his legal team and gain first-hand knowledge of the proceedings.
As for this particular court filing against special counsel Jack Smith, it remains to be seen how the judge will respond and whether any sanctions or contempt charges will be imposed. The case continues to attract attention due to its significance and the complex legal questions it raises.
