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Combination
images
of
special
counsel
Jack
Smith
and
former
President
Trump.
Photo:
Saul
Loeb and
Eva
Marie
Uzcategui/AFP
via
Getty
Images |
| |
Jack
Smith
files
evidence
under
seal
against
Trump in
Jan. 6
case
By
Rebecca
Falconer
4–5
minutes
WASHINGTON
-
Special
counsel
Jack
Smith
filed a
sealed
legal
brief in
former
President
Trump's
federal
Jan. 6
case
Thursday,
outlining
legal
arguments
for
criminally
prosecuting
the
Republican
presidential
nominee
over
efforts
to
overturn
the 2020
election
results.
Why it
matters:
U.S.
District
Court
Judge
Tanya
Chutkan
will
decide
whether
or not
to
publicly
release
the
brief
containing
previously
unseen
evidence,
or a
redacted
version
of it,
and it's
possible
this
could
occur
before
November's
presidential
election.
Context:
Smith in
August
filed a
slimmed-down,
superseding
indictment
that
Trump's
legal
team
opposes,
after
the
conservative-majority
U.S.
Supreme
Court
ruled
that
presidents
have
immunity
for
"official
acts."
State of
play:
The
Supreme
Court
left it
for
Chutkan
to
determine
whether
Trump's
alleged
conduct
in this
was
protected
under
presidential
immunity.
Trump
has
pleaded
not
guilty
to all
federal
charges
in the
case —
including
"conspiracy
to
defraud"
the U.S.
The
charges
remain
the same
in the
superseding
indictment,
though
it's
pared
down
from the
original
to
account
for the
Supreme
Court
ruling.
Peter
Carr, a
spokesperson
for
Smith's
team,
confirmed
in a
Thursday
evening
email
that
they had
complied
with
Chutkan's
order
and
filed
the
brief
before
her 5pm
deadline.
Trump's
legal
team
wrote in
a motion
in
opposition
to
Smith's
filing
this
week,
"The
Court
does not
need 180
pages of
'great
assistance'
from the
Special
Counsel's
Office
to
develop
the
record
necessary
to
address
President
Trump's
Presidential
immunity
defense.
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