Special counsel files sealed court brief supporting his Jan. 6 case against Trump
Written by ABC Audio ALL RIGHTS RESERVED on September 26, 2024
(WASHINGTON) — 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 ABC News Thursday.
“We have complied with the court’s order,” spokesperson Peter Carr said.
The brief presents Smith’s argument on how the Supreme Court’s ruling on presidential immunity applies to the former president’s criminal case.
Whether any portions of the filing will be made public now rest in Judge Chutkan’s hands.
Smith has also filed a proposed redacted version of the filing that his office determined would be appropriate for public release.
Trump’s defense attorneys will have a chance to make their own counterarguments objecting to the release of information in the brief.
Chutkan on Tuesday granted Smith’s request to file an oversized 180-page brief, exceeding the standard 45-page limit.
In July, the Supreme Court ruled in blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office — effectively sending the case back to Chutkan to sort out which charges against Trump can stand.
Smith then charged Trump, in a superseding indictment, with the same election interference offenses in the original indictment, but pared down and adjusted to the Supreme Court’s presidential immunity ruling.
Chutkan subsequently ruled that Smith could file a comprehensive brief supporting his presidential immunity arguments.
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