Prosecutors are trying to advance Trump’s election case despite the case being frozen
There appeared to be little room for maneuver last week when the federal judge overseeing the indictment of former President Donald J. Trump on charges of conspiring to overturn the 2020 election put the case on hold as an appeals court Mr. Trump’s claims that he was immune from prosecution.
The decision by the judge, Tanya S. Chutkan, effectively froze the case, suspending all deadlines and jeopardizing the start date of the trial, which is set to begin on March 4 in Federal District Court in Washington.
But even the force of the judge’s order hasn’t entirely succeeded in stopping prosecutors from the special counsel Jack Smith’s office from moving the case forward — or in stopping Mr. Trump’s lawyers from to complain about their efforts.
On Monday evening, prosecutors for Mr. Smith informed Judge Chutkan that they had sent Mr. Trump’s legal team a draft list of evidence they plan to use at trial. However, they acknowledged that the deadline for submitting the list had been ‘postponed’.
The evidence list was given to the defense, prosecutors wrote, “to ensure that the trial proceeds expeditiously if and when” the case returns to action.
Hours later, not long before midnight, Mr. Trump’s legal team responded to the government’s submission with an indignant two-page filing to Judge Chutkan, complaining about how prosecutors had “improperly and unlawfully attempted to to advance the cause,” contrary to the pause.
The attorneys told Judge Chutkan that prosecutors not only sent them the offending list of evidence, but also illegally turned over thousands of pages of additional discovery materials.
Their file included a copy of an email that John F. Lauro, one of Mr. Trump’s top lawyers, had written to two of Mr. Smith’s top deputies, Thomas P. Windom and Molly Gaston.
In the email, Mr. Lauro, in politely caustic language, accused the special counsel’s office of simply ignoring Judge Chutkan’s order in an effort “to rush this case to an early and unconstitutional trial.” He put his foot down and told prosecutors that the defense would not accept or review “the current production or any additional productions” of discovery materials “until and unless the court lifts the stay order.”
It remains unclear what Judge Chutkan might do about the argument, other than reminding everyone involved that they are not supposed to move pieces on the chessboard while play is suspended. In theory, she could scorn anyone who violates her orders, but it’s more likely that she’ll ask both sides to play nice with each other in the meantime.
Whichever course she chooses, the tug-of-war between the parties reflects how serious they both are about the timing of the election interference case.
Mr. Smith’s team has pushed for the trial to take place before the heart of the 2024 campaign season begins this summer, hoping to avoid a head-on collision between the legal proceedings and the presidential election in which Mr. Trump is a leading candidate.
Trump’s lawyers are doing everything they can to delay the trial as long as possible. If the proceedings can be postponed until after the election and Mr Trump were to win the race, he would have the power to order the charges against him to be dropped.
At the center of that fight is Mr. Trump’s argument that he is immune from election interference charges because they stem from actions he took while in office.
A few weeks ago, Judge Chutkan dismissed those claims, and Trump challenged her decision before a federal appeals court in Washington. Mr Smith then asked the High Court to examine the issue directly in an attempt to expedite the appeal. He also convinced the lower appeals court to hear the question on an expedited parallel track.
Both challenges will intensify this week as Trump’s lawyers file papers — due Wednesday — with the Supreme Court in an effort to block the justices from hearing the case.
On Saturday, Trump’s legal team will file its formal brief on the immunity issue with the federal appeals court.