Mon Sep 23 22:07:59 UTC 2024: ## Trump’s Lawyers Seek to Block DOJ Brief in Election Case, Citing Unfair Advantage
**WASHINGTON, D.C.** – Donald Trump’s legal team has filed a motion seeking to prevent the Department of Justice (DOJ) from filing its opening brief in the federal election case against the former president. The brief, scheduled to be filed later this week, would address the impact of the Supreme Court’s presidential immunity ruling on the charges against Trump.
The defense argues that the DOJ’s brief, which could exceed 180 pages, is unprecedented in length and would grant prosecutors an unfair advantage. They point to the District of Columbia’s rule limiting briefs to 50 pages, and highlight the DOJ’s unwritten 60-day rule, which prevents prosecutorial actions that could influence upcoming elections. The brief’s filing date of September 26, just 40 days before the 2024 presidential election, raises further concerns.
Trump’s lawyers contend that the brief would unfairly allow prosecutors to “set a closed record” by presenting their own version of evidence before the defense has a chance to respond. They also claim that the brief would deny Trump the opportunity to confront witnesses and obtain discovery.
Special Counsel Jack Smith, leading the DOJ’s investigation, has defended the length of the brief, citing the need for a comprehensive presentation of factual details and legal arguments. He has also requested a redacted version of the document to be made public at a later time due to its sensitive nature.
The DOJ has declined to comment on the defense motion.
This latest legal battle comes after the Supreme Court’s decision in July, which ruled that Trump is protected from prosecution for actions taken under his official duties as president. Smith subsequently filed a superseding indictment focusing on Trump’s actions as a candidate in the aftermath of the 2020 election.
The judge overseeing the case, Tanya Chutkan, will now decide whether to allow the DOJ to file its brief as scheduled.
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