'This is just not done': Legal expert slams Trump's latest Supreme Court motion
Trump's lawyers filed a Supreme Court brief to appease a MAGA base.
Former federal prosecutor and legal analyst Andrew Weissmann appearing on MSNBC's "Last Word" with Lawrence O'Donnell was asked about Trump's team brief that calls on the judge to scold Jack Smith and his team for misconduct.
"I think that this is a real sign of the lawyers not being able to say 'No!' to their client," Weissmann said.
The tactic to take it to the prosecutors comes as both his attorneys and special counsel Jack Smith feud over the extent activity in the federal election subversion case that can be completed while there's a freeze until the former president's appeal of a decision from U.S. District Court Judge Tanya Chutkan that the president isn't a king and is therefore not immune from prosecution.
While the case is in stayed, prosecutors have sought the Supreme Court to intervene, provided access to discovery materials and continued to get the judge to prevent Trump from bringing up specific arguments once trial is underway.
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“The prosecutors repeatedly engaged in that exact conduct, disobeying the Stay Order at least three times in just two weeks,” reads Trump’s attorneys' filing. “The prosecutors have no justification for their misconduct.”
Weissmann reduced the motion as a document that was below the professional bar.
"As somebody in the legal profession, it's disappointing; this is so far from contempt motion," he said. "The idea is that there is a stay. The stay is really to protect Donald Trump, saying that Donald Trump doesn't need to do anything until something's resolved on appeal."
"The government had said, 'We're going to continue meeting the deadlines'; they can look at the material or not look at the material... So they continued filing things and gave discovery to the defense."
He found it absurd that the defense would be in such a tizzy.
"Usually that's not something that the defense complains about," he explained. "They want discovery. They don't have to look at it and they don't want to."
The main whole purpose of a contempt motion Weissmann suspects is that they can't keep "control" their client and "that they are writing this for an audience unrelated to the court, meaning the sort of MAGA base, and it's really not how you litigate...this is just not done."