Attorneys for Donald Trump on Thursday argued against the release of additional evidence in the former president's federal election interference case in the lead up to Election Day.
"There should be no further disclosures at this time of the so-called 'evidence' that the Special Counsel’s Office has unlawfully cherry-picked and mischaracterized—during early voting in the 2024 Presidential election—in connection with an improper Presidential immunity filing that has no basis in criminal procedure or judicial precedent," Trump's attorneys wrote.
"If the Court decides to release additional information relating to the Office’s filing, in the Appendix or otherwise, President Trump respectfully requests that the Court stay that determination for a reasonable period of time so that President Trump can evaluate litigation options relating to the decision," the filing continued.
The additional evidence is related to a 165-page brief Smith’s team released earlier this month alleging that Trump "resorted to crimes" to remain in office after his election loss four years ago and arguing that his actions then did not entail official conduct as Trump's team has contended.
A spokesperson for the special counsel’s office declined to comment on the filing.
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Prosecutors from Smith's office had previously rebuffed assertions from Trump's attorneys that the government was "motivated by improper political considerations."
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"The Special Counsel’s mandate is to uphold the law. It has no role or interest in partisan politics and has faithfully executed its prosecutorial duties in this case," they wrote in an Oct. 1 filing.
Trump and his attorneys have repeatedly made efforts to delay court proceedings in the indictments he faces until after next month's election.
The federal election case was upended after the Supreme Court’s immunity ruling which found that Trump has some protection from prosecution related to official acts. No trial date has been set.
Trump’s indictment in Georgia that is also linked to efforts to overturn the 2020 election results, also won’t go to trial before November. The judge overseeing that case tossed out three of the initial 41 counts in the indictment last month, including two brought against Trump.
Separately, Trump successfully postponed sentencing in his hush money case in New York. A judge overseeing that case last month granted the former president's request to further postpone his sentencing hearing until after Election Day. A jury in hush money trial had convicted the former president of 34 felony counts of falsifying business records in connection with a payment to an adult film star ahead of the 2016 presidential election.
The sentencing, now set for Nov. 26, has been repeatedly delayed from the original July 11 date.
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