Donald Trump Accuses Jack Smith of Trying to Ruin His Lawyers' Christmas

Former President Donald Trump accused Special Counsel Jack Smith of trying to ruin Christmas for his staff.

Trump's lawyers likened Smith to the Grinch, the fictional title character in Dr. Seuss classic How the Grinch Stole Christmas, in their response to Smith's petition to the U.S. Supreme Court, asking the justices to weigh in on Trump's immunity claim.

In the Wednesday filing, Trump's attorneys complained about the scheduled proposed by the prosecution that would make the former president's opening brief due the day after Christmas.

"This proposed schedule would require attorneys and support staff to work round-the-clock through the holidays, inevitably disrupting family and travel plans," the filing reads. "It is as if the Special Counsel 'growled, with his Grinch fingers nervously drumming, 'I must find some way to keep Christmas from coming. ... But how?'"

Smith's Monday decision to bypass an appeals court and bring the matter of presidential immunity directly to the Supreme Court was a rare move that showed how adamant the special counsel is for Trump's federal election interference trial to begin as scheduled on March 4, 2024.

The justices almost immediately granted the request for expedited consideration but asked Trump's team to file a response by December 20.

On Wednesday, Trump's lawyers called the prosecution's proposed schedule unreasonable, "especially in light of the impending holidays," and asked instead for 40 days to serve and file the initial brief, plus 45 days to prepare for oral arguments.

"The Court should grant no less than fourteen days for a proper reply brief and 21 days to prepare for oral argument on these momentous issues, even if it expedites the appeal," the Wednesday filing said. "Anything less would result in a heedless rush to judgment on some of the most sensitive and important issues that this Court may ever decide."

Trump also cautioned the Supreme Court against rushing judgment on a petition "driven by partisan concerns." He warned that a decision against him suggests that other former presidents also could have been prosecuted for their actions in the White House.

Wondering if presidents George W. Bush, Barack Obama, Richard Nixon and John Quincy Adams could have been indicted, Trump's lawyers wrote: "According to President Trump, the answer to these questions is 'No,' an answer that is deeply rooted in the doctrine of separated powers — but the prosecution disagrees."

"These are questions of historic sensitivity and importance," the filing said. "They warrant the most careful consideration possible, not the breakneck speed demanded by the prosecution."

Smith responded to Trump directly on Wednesday in his own filing, arguing that denying the request to expedite consideration over the immunity claim would be inconsistent to the approach that has been applied to other appeals stemming from the matter.

He disagreed that the timeline would cut into the Christmas holiday, saying that if the Supreme Court entered a timeline consistent with the prosecution's request, Trump's brief "would be due no later than December 23."

"The parties and the judicial system are fully capable of moving with the swiftness required," Smith said. "The Government stands ready to respond within seven days of the defendant's opening brief. The reply deadline and any oral argument should be scheduled promptly thereafter."

The Justice Department deferred Newsweek to Smith's response.

Update 12/13/23, 2:37 pm. ET: This article was updated with Smith's filing.