Justice Department special counsel Jack Smith is warning that former President Donald Trump’s “daily” statements risk tainting a jury pool in Washington in the criminal case charging him with scheming to overturn the results of the 2020 presidential election.
The subject surfaced again Tuesday in a dispute over a filing that the Justice Department sought to make under seal that it suggested concerned sensitive information, with an accompanying redacted version to be filed on the public dockets. Defense lawyers objected, countering that they were entitled to time to review the Justice Department’s filings and any proposed sealed exhibits.
But prosecutors said it would untenable for the court to take several weeks to decide whether “every ordinary filing that refers to Sensitive Materials may be docketed.” “Such a requirement would grind litigation in this case to a halt, which is particularly infeasible given the pressing matters before the Court — including the defendant’s daily extrajudicial statements that threaten to prejudice the jury pool in this case, as described in the Government’s motion,” the Smith team wrote.
Chutkan agreed with the Trump team that it should have time to respond to the Justice Department’s filings and set deadlines for next week. Trump faces three other prosecutions besides the federal election subversion case. He’s charged with 18 others in a state case in Atlanta with plotting to overturn the results of the 2020 election in Georgia; faces federal charges from Smith accusing him of illegally hoarding classified documents; and is accused in New York of falsifying business records in connection with a hush money payment to a porn actor.
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