Jack Smith files brief on Trump’s 2020 election interference

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Special counsel Jack Smith has submitted an extensive court brief justifying his latest superseding indictment against former President Donald Trump for allegedly attempting to undermine the 2020 election. The document was filed under seal with U.S. District Judge Tanya Chutkan, a spokesperson from Smith’s office confirmed on Thursday.

Peter Carr, the spokesperson, stated, “We have complied with the court’s order.” Smith’s brief discusses how the Supreme Court’s decision on presidential immunity pertains to Trump’s criminal case. Judge Chutkan will decide whether any parts of the brief will be made public.

Smith’s office has also submitted a proposed redacted version deemed suitable for public release. Trump’s defence team will have the opportunity to present counterarguments against the release of the brief’s details. On Tuesday, Chutkan approved Smith’s request to file an extensive 180-page brief, which exceeds the standard 45-page limit.

In July, the Supreme Court ruled that Trump is entitled to immunity from criminal prosecution for actions taken while in office, sending the case back to Judge Chutkan to determine which charges could proceed.

Following the ruling, Smith charged Trump in a superseding indictment with the same election interference offenses, adjusted to align with the Supreme Court’s presidential immunity ruling.

Chutkan then permitted Smith to file a detailed brief supporting his arguments on presidential immunity.

What Other Media Are Saying
  • CNN reports that special counsel Jack Smith has filed new evidence under seal against Donald Trump, including interview transcripts and witness notes, in the election subversion case, potentially revealing new details on Trump’s alleged conspiracy to deceive the US.(read more)
  • CNN reports that special counsel Jack Smith will submit substantial new evidence against Trump, including details on his engagements with Mike Pence, in a 200-page filing aimed at persuading courts to proceed with prosecution for alleged conspiracy and obstruction of justice.(read more)
  • Politico reports that special counsel Jack Smith has filed a detailed compilation of evidence against Trump, alleging federal law violations in his 2020 election subversion efforts, with Judge Chutkan to decide on public access.(read more)
Frequently Asked Questions

Here are some common questions asked about this news

What is Jack Smith’s latest court brief about?

It’s about justifying his superseding indictment against Trump for allegedly subverting the 2020 election.

Has the brief been made public?

No, it has been filed under seal with Judge Tanya Chutkan.

What does Smith’s brief argue?

It presents arguments on how the Supreme Court’s ruling on presidential immunity applies to Trump’s case.

Will any part of the brief be released to the public?

Judge Chutkan will decide, but Smith has filed a proposed redacted version for possible release.

What was the Supreme Court’s ruling in July regarding Trump?

The Supreme Court ruled that Trump is entitled to immunity for official acts undertaken while in office.

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