Special counsel Jack Smith’s team is pushing to maintain the March 4 trial date for former President Donald Trump’s election subversion case in Washington, D.C., despite Trump’s team requesting a trial pause due to an appeal on presidential immunity.
Smith’s team argues that the appeal doesn’t strip the court of jurisdiction over the entire case, and accuses Trump of trying to create confusion by discussing irrelevant matters in his filings.
“The Court should deny the defendant’s request for an order staying ‘all district court proceedings,’” Smith’s legal team wrote. (Trending: Tucker Carlson Reveals ‘Secret’ Project He’s Been Working On For Months)
Special counsel Jack Smith asks the Supreme Court to decide whether a former president is immune from prosecution for alleged crimes committed while in office.
This sets the stage for a historic ruling.
The Court has asked Trump's lawyers to respond by December 20…… pic.twitter.com/uZyW6e7PKc
— AnalyzingAmerica (@AnalyzAmerica) December 12, 2023
“The filing of President Trump’s notice of appeal has deprived this Court of jurisdiction over this case in its entirety pending resolution of the appeal,” Trump’s team said.
“The defendant incorrectly suggests that such an order would simply memorialize the automatic divestiture rule of Griggs v. Provident Consumer Discount Co.,” Smith’s team stated.
“But under Griggs, a notice of appeal divests the district court only ‘of control over those aspects of the case involved in the appeal,’” the filing added.
“During the pendency of the appeal, any number of matters could arise in this case that are not involved in the appeal; the Court should not enter an order preventing it from handling them.”
“To create the false impression that there might actually be support for his lies about voting machines, the defendant, without context, threads his filing with discussion of irrelevant network breaches around the time of the 2020 election,” senior assistant special counsel Thomas Windom said.
“In doing so, the defendant attempts to manufacture confusion by willfully ignoring the distinction between voting machines (charged in the indictment) and registration websites (not charged in the indictment).”
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