Andrew Weissmann, a former federal prosecutor, suggested Donald Trump’s attorneys have no control over their client and are simply pandering to the MAGA base after they asked a judge to hold special counsel Jack Smith in contempt of court.
Trump’s attorneys submitted a filing on Thursday arguing that Smith, the prosecutor overseeing Trump’s federal election subversion case, has violated a stay order put in place by Judge Tanya Chutkan because he submitted pretrial filings during the ongoing pause.
Chutkan put the case’s legal proceedings on hold last month while Trump pursues an appeals process on the assertion that he is immune from prosecution.
“I think that this is a real sign of the lawyers not being able to say no to their client,” Weissmann told MSNBC’s Lawrence O’Donnell on Thursday. “As somebody in the legal profession, it is disappointing.”
Weissmann explained that the stay is in place largely to protect the defense, so Trump’s team doesn’t need to act until the appeal is resolved.
He also suggested that Smith’s team was, if anything, being helpful by continuing to meet their deadlines, and noted that there’s no requirement for Trump’s team to look at the material.
“They continued filing things and gave discovery to the defense. Usually that’s not something that the defense complains about. They want discovery,” he said.
Trump’s team argued in the filing that Smith’s motions contain “partisan rhetoric” and prosecutors are trying to “weaponize the stay to spread political propaganda.”
According to Weissmann, the idea that this issue would become the subject of a contempt motion says two things about Trump’s lawyers: “A, that they have no control over their client. B, they’re writing this for an audience unrelated to the court, meaning for sort of the MAGA base.”
“And it’s really not how you litigate,” he added.
Trump’s team have repeatedly leaned on performative antics and delay tactics in response to the four prosecutions against him, two of which he could quash if he wins his bid for a second presidency.
Trump has twisted his whirlwind of legal woes to his advantage by telling voters they are politically motivated witch hunts and fundraising off of it.
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