On Thursday, Judge Tanya Chutkan decided that Smith must ask the court before filing any further important pretrial motions. The move was a partial concession to Trump, who requested in December for Smith to be held in contempt of court.
Slowing proceedings
“Until the mandate is returned in this case,” Chutkan wrote in her decision, “the parties shall not file any substantive pretrial motions without first seeking leave of court, and any such request for leave shall state whether the proposed motion concerns matters involved in the appeal or is instead ancillary to it.”
Cause of anger
Trump made his complaint in December after Smith filed a new motion, which Trump’s legal team claimed was in violation of a pause on all activity related to the case. In the complaint, Trump described this as “outrageous conduct.”
Taking a breather
Earlier in December, Chutkan paused the case to give a different court time to decide if presidential immunity protects Trump from the charges he faces. Trump has repeatedly argued that he should be immune to these charges.
Making demands
Trump’s team demanded that Smith be “held in contempt” of court, “required to immediately withdraw their motions,” “forbidden from submitting any further filing or production absent the Court’s express permission while the Stay Order is in effect,” and “assessed monetary sanctions” in relation to his allegedly improperly filed motion.
Partial victory
Chutkan only agreed to the third demand. “In all other respects,” her ruling concludes, “Defendant’s Motion is DENIED.”
Undue burden
Chutkan agreed that “diligent defense counsel will need to conduct a preliminary review of each substantive motion the Government files in order to know whether they need to take further action.” “While that is not a major burden,” she wrote, “it is a cognizable one.”
Hidden burn?
The specification that a “diligent” counsel would conduct such a review is interesting, as Trump’s lawyers in other cases have frequently been mocked over the last few weeks for making errors.
Lack of diligence
On Wednesday, for example, Trump’s lawyer in his defamation trial had more than a dozen clashes with Judge Lewis Kaplan. “It looks like they haven’t prepared for the hearing today,” one user wrote on X, formerly Twitter, responding to Habba’s errors.
The immunity question
On Thursday, Trump again insisted on Truth Social that a president “must have full immunity, without which it would be impossible for him/her to properly function.”
No limit
“Even events that ‘cross the line,’” Trump argued, “must fall under total immunity.” Earlier in January, Trump’s legal team drew criticism for contending that a president would be immune even if they ordered a Navy Seal team to murder a political rival.
Impeachment or nothing
According to Trump’s legal team, the only way to prosecute a president is if that president is impeached and convicted in the Senate for that specific crime. Otherwise, the president should be immune.
Looming decision
A three-judge panel is currently deciding whether that argument holds water. Their decision should come out before the end of January.
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