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Donald Trump's lawyers are refusing to accept disclosure documents they sought in his election fraud trial.
In a letter to prosecutors, they said they would not open the documents because the judge in the case has stayed, or frozen, the case while the former president appeals it to a higher court.
They also refused to accept a draft exhibit list for trial, which is due to begin in March.
"We do not accept the productions and will not review them. We ask that you refrain from all further attempts to impose litigation burdens on us, including through discovery or other submissions, until and unless the Court lifts the Stay Order," they wrote in a December 18 letter to two of the prosecutors in the case, Thomas Windom and Molly Gaston.
"Although the prosecution may wish to rush this case to an early and unconstitutional trial in hopes of undermining President Trump's commanding lead in the upcoming Presidential election, it must nonetheless abide by the Stay Order," they added.
Trump was indicted on four counts of allegedly working to overturn the results of the 2020 election in the run-up to the January 6, 2021 riot at the U.S. Capitol. It is one of four criminal cases that Trump is facing while he campaigns as frontrunner for the 2024 Republican presidential nomination.
He has pleaded not guilty to the charges in all four cases, denying any wrongdoing, and has repeatedly said that they form part of a political witch hunt. Newsweek sought email comment on Wednesday from Trump's attorney.
Trump is appealing the election fraud case to the Washington D.C. Court of Appeals, claiming he has presidential immunity.
Separately, prosecutor Jack Smith is seeking a ruling from the U.S. Supreme Court on the same question.
Judge Tanya Chutkan has stayed the case until either court makes a ruling on whether Trump has immunity from prosecution.
By refusing service of the documents, Trump's lawyers are essentially stopping the clock on the case and can seek extra time to review the documents once the case restarts.
The chief prosecutor in the case, Smith, has complained several times to the court that Trump's team is deliberately trying to slow down the case until after the presidential election in November 2024.
In the latest letter by attorney John Lauro and the rest of the Trump legal team, they noted that Windom and Gaston had sent them a production letter on December 17 "which purports to produce additional discovery to us." It also notes a "Draft Exhibit List." sent on December 18.
" Both of these productions violate the Court's December 13, 2023, order staying this case," Lauro states.
Trump's lawyers had been arguing for months for more disclosure. On November 27, they sought tens of thousands of pages of documents, including correspondence between the Justice Department and President Joe Biden and his son, Hunter, and details of alleged attempts at election interference by Russia, China, Cuba, Venezuela and the Lebanese militant group, Hezbollah.
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About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more