Trump team files opposition to special counsel in D.C. election subversion case

Donald Trump's lawyer is opposing special counsel Jack Smith's request to a federal judge in Washington, D.C. that they be able to file an extensive briefing on the 2020 election criminal case.

Judge Tanya Chutkan, who is presiding over the case, set limits on filings to 45 pages unless otherwise granted by her. Smith filed a motion Sept. 21, where he said that if he addresses the presidential immunity issue, it would take more pages for his briefing.

"The Court does not need 180 pages of 'great assistance' from the Special Counsel’s Office to develop the record," Trump's team rebutted, according to CBS News reporter Scott MacFarlane.

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Trump's team doesn't want him to be able to make a lengthy brief because it could impact the election.

"Public allegations by the Special Counsel’s Office, presented through a document that has no basis in the traditional criminal justice process, will undoubtedly enter the dialogue around the election," the lawyers allege.

Former federal prosecutor Harry Litman explained that this was expected because Trump wants the court to apply an "absolute immunity" ruling before moving forward with anything. The assumption is that all of Trump's behavior is protected under the Supreme Court ruling that expanded immunity protections for Trump.

"As predicted, Trump opposes Smith's motion to file an oversized brief, saying Chutkan should first resolve legal questions and that it would amount to an independent violation of the immunity case," said Litman. "Look for Chutkan to accept the brief; will Trump then appeal?"