Trump demands Jan. 6 judge 'promptly' throw out Jack Smith's revised indictment for 'stubborn reliance' on Mike Pence
Source: Law & Crime
Sep 20th, 2024, 11:42 am
After blowing past a 5 p.m. deadline on Thursday, the defense for Donald Trump late filed, without the objection of special counsel Jack Smith, documents supporting pending motions on the “scope of the prosecution team” and discovery requests on issues as wide-ranging as the SolarWinds hack of 2020, “FISA abuses,” and whether government “operatives” were present on Jan. 6. The lawyers maintain that the Jan. 6 case should be “promptly” thrown out as a consequence of the Supreme Court immunity decision in Trump v. United States and the special counsel’s “stubborn reliance” on details about Trump’s communications with then Vice President Mike Pence in the superseding indictment.
Trump lawyers and prosecutors recently wrangled in U.S. District Judge Tanya Chutkan’s courtroom on how best to proceed with the case that Smith tailored to emphasize the defendant’s alleged private conduct as a candidate to overturn his 2020 election loss. While the judge was clear that she was not at all “concerned” about scheduling deadlines in the lead-up to the “not relevant” 2024 election, Trump attorney John Lauro immediately asserted that protecting the “integrity” of the “upcoming election” was one of several reasons the case should be thrown out.
Among the others? That the “false and exaggerated allegations relating to” Pence render the revised indictment “void ab initio,” a fancy way of saying “doomed from the get-go.”
“This case should be dismissed. Promptly. That is the only just course of action consistent with (1) the Supreme Court’s decision in Trump v. United States; (2) the critically important institutional interests that support the Presidential immunity doctrine; and (3) the stubborn reliance by the Special Counsel’s Office on allegations relating to Vice President Pence that are, at least, presumptively immune,” Lauro said. “Dismissal is required to protect the integrity of the Presidency and the upcoming election, as well as the Constitutional rights of President Trump and the American people. There are also ongoing discovery violations in this case that implicate Presidential immunity and other strong defenses, including the Office’s failure to produce exculpatory evidence concerning the flaws with this prosecution and the Office’s false allegations.”
Read more: https://lawandcrime.com/high-profile/trump-demands-jan-6-judge-promptly-throw-out-jack-smiths-revised-indictment-for-stubborn-reliance-on-mike-pence-seeks-discovery-on-government-operatives/
Full headline: Trump demands Jan. 6 judge ‘promptly’ throw out Jack Smith’s revised indictment for ‘stubborn reliance’ on Mike Pence, seeks discovery on government ‘operatives’
Link to FILING (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.235.0.pdf
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