(TheIndependentStar.com) – While Republican presidential nominee Donald Trump remains under a gag order, Trump’s attorneys slammed the huge “hit piece” Special Counsel Jack Smith is planning to drop against him on the public docket right before the election.
Prosecutors recently asked for permission to file an “oversized motion,” estimated to be up to 180 pages. They plan to submit it as part of their opening brief this week, arguing that Trump’s superseding indictment is not protected by presidential immunity.
Trump’s lawyers wrote:
“Departures from these practices should never be countenanced because they risk allowing prosecutors to impact national elections, but the situation is even worse here where the Special Counsel’s Office is seeking to do so by turning criminal procedure on its head in order to file a 180-page false hit piece.”
Moreover, Trump’s legal team called this move a violation of “the Presidential immunity doctrine.” It warned that it would harm the integrity of the case and Trump’s First Amendment rights, especially with the gag order in place.
“False, public allegations by the Special Counsel’s Office, presented through a document that has no basis in the traditional criminal justice process, will undoubtedly enter the dialogue around the election,” they continued.
“The Gag Order prevents President Trump from explaining in detail why the Office’s selective and biased account is inaccurate without risking contempt penalties,” they added.
The former president’s attorneys also said that the Office cannot be permitted to issue a massive and misleading public statement that is not responsive to a defense motion and risks adversely impacting the integrity of these proceedings.
Judge Tanya Chutkan previously ordered Smith to file the first brief by Sept. 26, despite objections from Trump’s team.
In the filing, prosecutors noted their brief would include “a detailed factual proffer” and “extensive footnote citations to an exhibit appendix.”
They claimed this “comprehensive brief” would help the Court by creating “a robust record,” even though it would exceed the typical 45-page limit.
In addition, Trump’s attorneys fired back, saying this move would break the Justice Manual, which restricts federal prosecutors from taking actions “for the purpose of affecting any election.”
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