Special counsel Jack Smith‘s team urged the court to keep a March 4 trial date in former President Donald Trump’s election subversion case in Washington D.C.
In a Sunday filing, lawyers wrote, “The Court should deny the defendant’s request for an order staying “all district court proceedings.””
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Smith’s filing was in response to a filing by Trump’s team that requested the trial be paused while the court resolved an appeal regarding presidential immunity.
“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 argued.
Smith’s team responded and said, “The defendant incorrectly suggests that such an order would simply memorialize the automatic divestiture rule of Griggs v. Provident Consumer Discount Co.”
“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 Sunday filing continued. “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.”
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Smith’s response comes after his team accused Trump of trying to “manufacture confusion” in a Saturday filing.
“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 wrote. “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).”
