Donald Trump‘s attorneys said on Monday that they oppose Jack Smith’s request to submit a massive filing to the court that would contain evidence supporting the special counsel’s election interference charges against the former president.
Trump’s attorneys asked Judge Tanya Chutkan to deny the request after Smith asked the court over the weekend if he could file a 180-page document justifying Trump’s charges in the wake of the Supreme Court‘s presidential immunity ruling.
“Allowing the Special Counsel’s Office to litter the docket sheet with an unnecessary tome would be inconsistent with the fact that there are dispositive threshold legal questions identified in Trump v. United States that can and should be resolved first,” Trump’s attorneys wrote.
The Supreme Court found in July that presidents enjoy some immunity from criminal prosecution. The high court also ordered Chutkan to decide what conduct in Smith’s indictment was immunized and therefore unable to be used against Trump in light of the justices’ newly established definition of presidential immunity.
Prosecutors for Smith told Chutkan they wanted to submit the mammoth filing, which would be roughly four times the size of a typical court motion, to create a “robust record” of why their indictment should pass the Supreme Court’s immunity test.
Trump fights Jack Smith efforts to ‘litter’ Jan. 6 case with evidence dump