Over the weekend, special counsel Jack Smith’s team countered former President Donald Trump’s document request in the discovery process and objected to his plea for a pause in court proceedings during the ongoing appeal.
One brief emphasized the importance of maintaining the March 4 trial date, despite the pending appeal, and the defense plans to seek a schedule suspension if the plea for a pause is denied by Judge Tanya Chutkan, who dismissed a motion to dismiss the case.
If the trial proceeds, Trump’s legal team aims to investigate alleged 2020 election fraud, arguing it is his duty to address suspected fraud, not part of any criminal scheme as alleged in the indictment.
The defense has requested extensive material from the prosecution, citing the obligation to provide potentially exculpatory evidence to the defendant.
In a separate 45-page brief, prosecutors criticized Trump’s unprecedented demand, foreseeing potential trial delays scheduled for March 4, 2024. They questioned the relevance of many requested documents, suggesting some might not exist or are beyond their possession.
The special counsel’s office argued against expanding the definition of the “prosecution team” to include the entire executive branch, citing separate criminal cases involving President Trump. They contended that materials from various government entities and investigations into election interference were not pertinent or within their possession.
Prosecutors dismissed requests for data regarding government agents at the January 6, 2021 rally as a fishing expedition, likening it to “the attempt of a bank robber to blame security guards who failed to stop his crime.”
They asserted that Trump’s requests were overly broad, lacking significant relevance or material importance.
Prosecutors defended their approach to discovery, affirming their compliance with obligations by delivering thorough and early productions of documents.
