Judge Chutkan ruled that Special Counsel Jack Smith can submit 180 pages of evidence of Trump’s alleged 1/6 crimes to the court before the election.
Judge Chutkan wrote in her opinion and order:
The court will grant the Government’s request for leave to file an oversized brief on the pending immunity issues. In remanding this case, the Supreme Court directed this court to conduct a “close” and “fact specific” analysis “of the indictment’s extensive and interrelated allegations.” Trump
v. United States, 144 S. Ct. 2312, 2339 (2024).
It anticipated that the analysis would require briefing on how to characterize “numerous alleged interactions with a wide variety of state officials and private persons,” id., and supplementing other allegations with content, form, and context” not contained in the indictment itself, id. at 2340 (quoting Snyder v. Phelps, 562 U.S. 443, 453 (2011)). In light of the Superseding Indictment unsealed on August 27, 2024, the court ordered the parties to submit briefs with arguments and factual proffers that would inform that analysis. Order (Sept. 5, 2024), ECF No. 233; see Superseding Indictment, ECF No. 226. On September 21, the Government requested leave to submit a brief in excess of the ordinary 45-page limit, stating that a “comprehensive brief,” including “a detailed factual proffer” with a “substantial number of exhibits,” “will be of great assistance to the Court in creating that robust record.”
Trump’s lawyers claimed that the brief was unfair and again asked for the schedule to be delayed until after the election. Jack Smith will be able to submit a brief outlining the evidence of Trump’s 1/6 crimes that is longer than the standard and will be in compliance with the Supreme Court’s presidential immunity decision.
It is unclear how much if any of this brief will be made available to the public before election day. If the brief is made available, it is likely to contain redactions.
The 1/6 case is moving forward and this is terrible news for Donald Trump, as anytime his alleged 1/6 crimes return to the news in a form it is a bad development for his campaign.
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