Donald Trump is using a discovery motion as a vehicle to air his “meritless” grievances, the prosecutor in the former president’s election-fraud case has said.
In a filing to Judge Tanya Chutkan on Tuesday, special counsel Jack Smith sought permission to reply to Trump’s accusations.
“The defendant further attempts to use his reply as a vehicle to seek other inappropriate relief, such as dismissal on grounds not previously argued and reconsideration of the Court’s prior order denying dismissal on an unsupported claim of selective and vindictive prosecution,” Smith wrote.
“The additional arguments asserted by the defendant in his reply—as well as the requests for relief that are improperly embedded in a filing that should be limited to discovery issues— warrant a further, tailored response.”
Trump was indicted in Washington, D.C., on four counts of allegedly working to overturn the results of the 2020 election in the run-up to the January 6, 2021 riot at the U.S. Capitol. The Republican presidential nominee has pleaded not guilty and has said the case is part of a political witch hunt. The opening brief will set out in great detail the evidence that prosecutors have against him.
Newsweek sought email comment from Trump’s attorney on Wednesday.
Donald Trump speaks at a rally on September 21, 2024 in Wilmington, North Carolina. A prosecutor had accused the former president of using his election-fraud case to air meritless grievances.
Anna Moneymaker/Getty Images
In Tuesday’s filing, Smith asked for one week to file his response. “The defendant has filed a lengthy reply and classified supplement in support of two discovery motions filed last year,” he wrote.
Smith added that Trump uses his discovery request “to make new arguments not raised in his opening discovery motions, including regarding the impact of presidential immunity on long-standing discovery standards.”
Trump is seeking more discovery documents from the government in light of the Supreme Court‘s July 1 ruling on presidential immunity, which gave the Republican broad protection from prosecution.
Trump’s legal team is hoping that documents handed over by the government will prove that the former president has presidential immunity from large parts of the indictment.
Smith said that, in making his discovery request, Trump is trying to include irrelevant arguments.
“The defendant has now filed an overlength 34-page reply in support of his discovery motions, as well as an accompanying 22-page classified supplement. In his reply, the defendant invokes the issue of presidential immunity to levy several new claims,” Smith wrote.
In his discovery submission, Trump said that the Supreme Court’s July 1 decision “permits discovery demands for additional, broad categories of material and provides new justification for some of his original, meritless demands,” Smith added.
“He also advances revised arguments for his original requests to compel discovery and regarding the scope of the prosecution team,” Smith wrote.
