Trump and special counsel clash over appeal process

Trump and special counsel clash over appeal process

Trump's legal team challenges special counsel over evidence provision for his federal trial on election interference, raising concerns about procedural fairness

Former President Donald Trump's legal team is disputing special counsel Jack Smith's office for providing evidence for his federal criminal trial for election interference. This has caused a dispute over a potential delay of the March 4 trial date. On Monday, prosecutors handed over an exhibit list and batch of evidence to the defense team. Prosecutor Tom Windom stated to the court that this move will "help ensure that trial proceeds promptly if and when the mandate [putting the case back in the trial court] returns," according to one filing.

Trump's legal team responded on Monday in court and in a letter to Smith's office, arguing that the case's activity creates an excessive and forbidden burden on President Trump. They stated that they will not examine the material and warned that they will request a court order if the pre-trial efforts persist during the ongoing appeal on Trump's immunity from prosecution.

The ongoing legal battle between the special counsel and Trump's team is leading up to the trial, with delays being sought by Trump's team. The trial date for Trump in March remains uncertain, pending decisions from the Supreme Court on issues related to the immunity of the presidency from criminal charges and its applicability to Trump's actions post-2020 election. The Supreme Court is currently reviewing the special counsel's request to expedite the legal matters, while the DC Circuit Court of Appeals is set to hear arguments in early January. The trial is on hold at the trial-court level while these legal proceedings unfold.

"Trump's lawyers stated in a court filing that despite the prosecution's desire to expedite the case in an attempt to weaken President Trump's strong position in the upcoming Presidential election, they are obligated to follow the Stay Order. Therefore, they will not be accepting or reviewing the current evidence or any further evidence."