New Evidence Expected in Jan. 6 Case After Judge’s Ruling

The judge presiding over former President Donald Trump’s federal election interference case has approved a request from special counsel Jack Smith to submit a lengthy brief concerning presidential immunity, which may include new evidence related to the case.

Smith is expected to meet a deadline on Thursday to file his initial brief that discusses how the Supreme Court’s ruling regarding presidential immunity is applicable to Trump’s criminal case. He had asked the judge for permission to exceed the usual page limit for legal filings, which is typically set at 45 pages. This new brief is anticipated to be around 180 pages and will include more than 30 pages of supporting exhibits.

U.S. District Judge Tanya Chutkan’s approval of this oversized filing comes with a caveat: the majority of the material will likely be filed under seal. A public version of the brief, however, will be released later with some portions redacted.

Trump’s legal team opposed the request, labeling the proposed filing as a “monstrosity” and asserting that it contained a “biased list of grievances.” They argued that the extensive document could enable the prosecution to inappropriately publicize evidence against the former president.

Last year, Trump entered a not guilty plea to federal charges stemming from what prosecutors allege was a “criminal scheme” to subvert the results of the 2020 election in an effort to cling to power.

In a landmark ruling in July, the Supreme Court decided that Trump is protected by immunity from criminal prosecution for actions he took while in office. This decision enabled the case to return to Judge Chutkan to determine which charges against Trump remain viable.

Following the Supreme Court’s ruling, Judge Chutkan indicated that Smith could submit a detailed brief supporting his claims regarding presidential immunity, due by Thursday. She noted that the complexity of applying the Supreme Court’s findings justified allowing a longer document.

Judge Chutkan highlighted that the unique circumstances surrounding the case warranted the extensive nature of the government’s brief, stating, “The length and breadth of the Government’s proposed brief reflects the uniquely ‘challenging’ and fact-bound nature of those determinations.”

Additionally, in this same order, Judge Chutkan denied Trump’s request for a reconsideration of her timeline concerning the immunity discussions.