‘The only coherent principle that emerges from the prosecution’s filings is based on strategic gamesmanship rather than the law.’
The case was brought in a federal district court in Washington, which President Trump has since brought into the appeals court. In a surprise move on Monday, Mr. Smith preempted the defense team by asking the U.S. Supreme Court for an immediate review on President Trump’s presidential immunity defense.
That petition came just hours after the special counsel tried to “complicate” President Trump’s appeal, defense attorneys argued in the new reply, by ignoring and arguing against “the Supreme Court’s binding precedent and urges the Court to permit continued pretrial proceedings on a parallel track.”
On Monday, prosecutors had also asked the appeals court to deny a motion to pause district court proceedings pending appeal, while asking the court to expedite its ruling on the matter so that the schedule can stay on track for a March 4, 2024, trial date.The appellate court then ordered President Trump to respond to this emergency motion by