Judge rejects Trump request to hold Jack Smith in contempt in election interference case

WASHINGTON — The judge overseeing the federal election interference case against former President Donald Trump has rejected his request to hold special counsel Jack Smith and his office in contempt.

Earlier this month, attorneys for Trump asked U.S. District Judge Tanya Chutkan to hold Smith in contempt for filing motions while the case is stayed pending Trump’s appeal on presidential immunity grounds.

Chutkan, however, said in her opinion and order Thursday that she agrees with Trump that Smith’s filings place a "cognizable" burden on him, and that although it was "not a major burden" for Trump's team to have to review Smith's filings, and that she would now forbid the special counsel from making substantive pretrial motions without permission going forward.

Chutkan has ordered that both parties be required to seek her permission before filing additional pre-trial motions while the stay order remains in effect.

“This measure is an addition to the Stay Order, aimed to further advance its purposes, and does not reflect a determination that the Government has violated any of its clear and unambiguous terms or acted in bad faith,” she wrote.

Chutkan wrote that continuing to produce discovery was a separate matter, and that she "cannot conclude that merely receiving discovery or an exhibit list constitutes a meaningful burden," because receiving discovery "requires no review or response" from Trump's team.

Smith's office had explicitly notified both the court and Trump's team that it planned to continue to meet the deadlines previously set by the court. In a memo opposing Trump's motion to hold the special counsel in contempt, Smith's office noted that the office "did what it said it would do."

Chutkan noted in her order