Attorneys for President Trump have urged the court to delay special counsel Jack Smith from making a public filing concerning presidential immunity in the election interference case against Trump, citing ongoing disputes over evidence.
In a filing submitted Thursday, Trump’s legal team asked Judge Tanya Chutkan to reconsider her decision allowing prosecutors to submit a brief on presidential immunity by Sept. 26, arguing that doing so before resolving these issues would create “an improper motion for summary judgment in the court of public opinion” ahead of the upcoming election.
The attorneys pointed to what they described as “ongoing discovery violations” that relate to Trump's presidential immunity and other defenses, claiming that the special counsel’s office failed to disclose exculpatory evidence. They further noted that much of the evidence had been gathered before the Supreme Court’s July 1 ruling, which reaffirmed that former presidents are immune from prosecution for official actions taken while in office.
According to Trump’s attorneys, the Supreme Court decision established key guidelines that prosecutors could not have considered during their evidence review. The team contends that all allegations in the indictment, including those involving Trump’s interactions with former Vice President Mike Pence, are protected by immunity.
In August, Smith filed a superseding indictment that maintained the same four charges but revised the language to suggest that Trump had acted outside his official duties. The former president’s lawyers argue that moving forward with the special counsel’s filing before they have received and reviewed all relevant discovery would unfairly damage Trump’s public image as the 2024 election approaches.
Among the unresolved discovery issues are Trump’s requests for information about government agents present at the Capitol on January 6, security requests made that day, and any evidence of bias or misconduct by prosecutors, according to the filing.
Ultimately, Trump’s attorneys argued the case should be dismissed altogether to preserve the integrity of the presidency, the election, and Trump's constitutional rights.
Read the court filing here.
