The special counsel, Jack Smith, is seeking to shape the evidence the jury in the federal election interference case will hear.
Federal prosecutors asked a judge on Wednesday to keep former President Donald J. Trump and his lawyers from claiming to the jury in his upcoming election interference trial that the case had been brought against him as a partisan attack by the Biden administration.
The move by the prosecutors was designed to keep Mr. Trump from overtly politicizing his trial and from distracting the jury with unfounded political arguments that he has often made on both the campaign trail and in court papers related to the case.
Ever since Mr. Trump was charged this summer with plotting to overturn the 2020 election, he and his lawyers have sought to frame the indictment as a retaliatory strike against him by President Biden. Mr. Trump has also placed such claims at the heart of his presidential campaign even though the charges were initially returned by a federal grand jury and are being overseen by an independent special counsel, Jack Smith.
Molly Gaston, one of Mr. Smith’s senior assistants, asked Judge Tanya S. Chutkan, who is handling the election case in Federal District Court in Washington, to keep Mr. Trump’s political attacks as far away from the jury as possible.
“The court should not permit the defendant to turn the courtroom into a forum in which he propagates irrelevant disinformation,” Ms. Gaston wrote, “and should reject his attempt to inject politics into this proceeding.”
The 20-page motion was filed two weeks after Judge Chutkan effectively froze the case in place as an appeals court considers Mr. Trump’s broad claims that he is immune from prosecution. Last week, the Supreme Court declined to hear the question of the immunity immediately, although the justices are likely to take up the issue after the appeals court completes its highly accelerated review.
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Source: Elections - nytimes.com