Trump pushes to hold Jack Smith in contempt, block further filings in Jan. 6 case

Former President Trump’s legal team asked a judge to hold special counsel Jack Smith and his team of prosecutors in the election interference case in contempt, arguing they should also be fined after activity in the case was suspended pending his appeal.

The aggressive move by Trump comes as the parties are in dispute over the extent activity in the case was paused as the former president appeals a decision from U.S. District Court Judge Tanya Chutkan rejecting his claims he should be immune from prosecution given his prior role as president.

A December order from Chutkan “stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant.”

Former President Donald Trump speaks at a rally in Summerville, S.C., Monday, Sept. 25, 2023. (AP Photo/Artie Walker Jr.)

But during that time period, prosecutors have asked the Supreme Court to weigh the matter, shared discovery materials and asked Chutkan to bar Trump from making certain arguments during trial.

“The prosecutors repeatedly engaged in that exact conduct, disobeying the Stay Order at least three times in just two weeks,” Trump’s attorneys wrote in the filing.

“The prosecutors have no justification for their misconduct.” 

While proceedings in the case are stayed during the course of Trump’s appeal, it’s not clear the order blocks prosecutors from producing discovery or filing new motions — actions Trump is not required to respond to while the stay remains in place.

---

More Courts coverage from The Hill

• Judge allows challenge to NY assault weapons ban to proceed
• Daines, Senate GOP campaign arm file brief to keep Trump on Colorado ballot  
• Trial postponed for suspect in Salman Rushdie stabbing over author’s upcoming memoir
• Documents connected to Jeffrey Epstein, lawsuit unsealed

---

Still, Trump argues that in being relieved of any obligation to respond, prosecutors are able to voice arguments without pushback from Trump, something he argues is designed to hurt his presidential campaign.

In seeking financial sanctions, Trump’s team asks prosecutors to cover the cost of his Thursday filing.

“The prosecutors should reimburse President Trump for all reasonable attorneys’ fees and other expenses that he has incurred responding to the prosecutor’s improper productions and filings,” they wrote.

The motion asks Chutkan to force prosecutors to justify why they should not be held in contempt or forced to withdraw their motions, as well as limit how they file motions in the case in the future.

“The Court should require that the prosecutors seek and obtain permission from the Court before submitting any filings or productions for the duration of the Stay Order to ensure that any further attempts to violate the Stay Order will be summarily denied,” Trump’s attorneys wrote.

Trump’s appeal is set to be weighed by the District of Columbia Circuit Court of Appeals in a hearing Tuesday.