Special counsel files sealed court brief supporting his Jan. 6 case against Trump
Sept. 26, 2024, 9:43 p.m.
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Special counsel Jack Smith's lengthy court brief seeking to justify his latest superseding indictment against former President Donald Trump on charges that he sought to subvert the 2020 election has been filed under seal with U.S. District Judge Tanya Chutkan, a spokesperson for Smith's office confirmed to
Thursday.
"We have followed the court's instructions," spokesperson Peter Carr said.
The brief lays out Smith's arguments on how the Supreme Court's ruling on presidential immunity applies to the former president's criminal case.
It's now up to Judge Chutkan to decide if any parts of the document will be made available to the public.
Smith has also submitted a proposed version of the document with sensitive information removed, which his office believes is suitable for public release.
Trump's legal team will have an opportunity to present their own arguments against the disclosure of information contained within the brief.
Chutkan on Tuesday approved Smith's request to file an oversized 180-page document, exceeding the standard 45-page limit.
In July, the Supreme Court ruled in a landmark decision that Trump is shielded from criminal charges for official actions taken while in office -- effectively sending the case back to Chutkan to determine which charges against Trump can remain.
Smith subsequently accused Trump, in a revised indictment , of the same election interference crimes listed in the original indictment, but with adjustments and reductions based on the Supreme Court's presidential immunity ruling.
Chutkan later decided that Smith could submit a thorough legal document outlining his arguments about presidential immunity.