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Judge Sets New Rules for Special Counsel in Trump’s Election Subversion Case Amidst Contempt Request

by Jessica

U.S. District Judge Tanya Chutkan has introduced additional guidelines for special counsel Jack Smith in response to Donald Trump’s request to hold Smith in contempt. The request was made on the grounds of alleged violation of a prior order that temporarily halted proceedings related to the federal case, as reported by Newsweek on Thursday, January 18, 2024.

The temporary pause was implemented while a federal appeals court determines whether the former president is shielded by presidential immunity regarding charges stemming from alleged attempts to subvert the 2020 election. Trump argues that the actions outlined in Smith’s indictment fall within his presidential powers, maintaining his innocence against four felony counts related to attempting to retain power and undermine the 2020 election, leading to the Capitol assault on January 6, 2021. He has pleaded not guilty.

Judge Chutkan, in response to Trump’s request, decided against holding Smith in contempt or requiring compensation for damages. However, she has instituted a new rule mandating that Smith seek court permission before filing any substantive pretrial motions.

Chutkan clarified that the temporary stay did not explicitly prohibit prosecutors from filing motions related to the case. Instead, its purpose was to alleviate Trump, the defendant, from the “burdens of litigation” until the appeals court reaches a decision.

While dismissing several of Trump’s arguments, Chutkan did agree with the former president regarding a late December filing by Smith’s team, seeking limitations on what Trump could say during his testimony. Chutkan acknowledged that this imposed a burden on Trump’s defense counsel, necessitating a preliminary review of each substantive motion filed by the government.

Smith’s press office declined to comment on the matter when contacted by Newsweek.

Trump, a prominent contender for the GOP presidential nomination, continues to assert his innocence in both Smith’s election subversion case and another federal case involving the handling of classified documents taken from the White House to his Mar-a-Lago estate in Florida. On Truth Social, Trump reiterated his argument for presidential immunity, emphasizing the necessity for full immunity to allow proper functioning of the president’s role. He insisted that even actions “crossing the line” should be protected under total immunity to prevent years of trauma determining their ethical implications.

A three-judge panel of a federal appeals court heard Trump’s arguments for immunity earlier this month, with a ruling expected in the near future. This latest development adds complexity to the legal proceedings surrounding Trump’s alleged efforts to undermine the 2020 election, raising questions about the extent of presidential immunity and the impact on the pending federal cases.

As Trump maintains his innocence, the legal battles continue, further shaping the narrative of a pivotal moment in U.S. political history. Judge Chutkan’s decision to implement new rules for special counsel Jack Smith underscores the ongoing legal challenges faced by the parties involved. The upcoming ruling from the federal appeals court will undoubtedly influence the trajectory of these cases and potentially set important precedents for the interpretation of presidential immunity in similar legal contexts.

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