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Trump’s legal team complains special counsel Jack Smith’s filings are too long

Donald Trump’s legal team has filed several motions to dismiss the federal case against him in Washington DC

Ariana Baio
Sunday 05 November 2023 16:29 GMT
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Defiant Donald Trump attacks ‘nasty’ Pence and ‘deranged’ special consul Jack Smith

Donald Trump’s legal team is requesting special counsel Jack Smith keep it brief when submitting filings to a federal judge in the government’s 2020 election subversion and January 6 case.

In a two-page filing sent to Judge Tanya Chutkan on Saturday, Mr Trump’s defence team asked that the judge prohibit Mr Smith’s prosecution team from exceeding the 45-page limit in an “oversized” filing that responds to Mr Trump’s attempt to have the case thrown out.

At the end of October, Mr Trump filed four motions to dismiss the federal case against him on statutory and constitutional grounds.

Mr Smith first asked Judge Chutkan to allow the prosecution to exceed the 45-page limit before they submit their response to Mr Trump’s motions.

But the ex-president’s team says it is unnecessary and believes Mr Smith should file four separate responses to the motions to dismiss in order to “avoid confusion over the application of any arguments to the parties’ respective briefing.”

“To the extent the Court grants relief, it should prohibit the prosecution from discussing either Motion for more than 45 pages, inclusive of any combined introductory or background sections,” Mr Trump’s team wrote in the filing.

“For example, the Court should not permit the prosecution to address Constitutional issues for 60 pages,” they added.

The response from Mr Trump’s team, which consists of John Lauro, Gregory Singer and Filzah Pavalon, is seemingly another attempt to cause delays in the government’s case – which is supposed to head to trial on 4 March.

Mr Smith filed a four-count indictment against the ex-president for his alleged efforts to overturn the 2020 election leading up to January 6 earlier this year. It is the second federal indictment from Mr Smith this year.

In this case, the ex-president is charged with conspiring to defraud the United States, conspiring to obstruct an official proceeding, obstructing and attempting to obstruct an official proceeding, and conspiring against rights.

Heading into 2024, Mr Trump will be tasked with campaigning for president while also defending himself in three criminal cases and one civil case.

Mr Trump’s legal team had already asked Judge Chutkan to delay the trial until after the election but the request was denied. The defence has also requested Judge Chutkan recuse herself from the case and filed multiple responses to gag orders – all of which are apparent attempts to hold-up the case from heading to trial.

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