By The Opinion
18 Oct 2024, 00:59 AM EDT
A federal judge said she would release on Friday the source documents supporting the government’s massive legal report. special prosecutor Jack Smith that argues why donald trump can be criminally prosecuted for attempting to subvert the results of the 2020 electionsrejecting the former president’s request to keep the material secret until after the election.
District Judge Tanya Chutkan said in her ruling that the court will unseal on Friday the redacted addendum to Smith’s immunity motion filed earlier this month that included new details about the actions of Trump and his allies before the January 6 assault on the Capitol.
By ruling that the evidence would be made publicChutkan rejected Trump’s argument that the post was politically motivated to influence the 2024 presidential election.
In fact, the judge said, suppress evidencewhich would normally be disclosed as part of public judicial proceedings, It would be true political interference. He said he plans to release the documentation on Friday.
“If the court withheld information that the public would otherwise have a right to access solely because of the potential political consequences of disclosing it, that withholding could itself constitute – or appear to be – electoral interference,” Chutkan wrote. “Therefore, the court will continue to keep political considerations out of its decision-making, rather than incorporating them as requested by the defendant.”
Following the Supreme Court’s ruling that presidents have immunity for “official acts,” Special Counsel Smith filed a motion for superseding indictment in which argued that Trump was not acting in his official capacity when he allegedly attempted to overturn the 2020 election.
Chutkan decided earlier this month reveal Smith’s 165-page redacted motion and indicated that tA redacted version of the appendix would also be revealeda plan that Trump’s legal team opposed.
The judge gave the former president’s lawyers time to object to the decision before executing the order to publish the redacted appendix.
Last year, Trump pleaded not guilty of federal charges of carrying out a “criminal scheme” to overturn the results of the 2020 election in order to remain in power.
Smith later charged Trump in a superseding indictment that was adjusted to respect the Supreme Court’s July ruling that Trump is entitled to immunity from criminal prosecution for official acts performed as president. The appendix, which should have been released on Thursday, is part of the substitute accusation.
The appendix could include information and citations from public materials, such as Congressional witness transcripts from January 6, but information from non-public sources, such as grand jury transcripts, witness interview reports, and sealed search warrants. , will probably remain redacted.
With information from ABC News and The Washington Post
Keep reading:
• Trump does not want more evidence against him released in the January 6 case
• Trump asks that no more information be released about his case for the 2020 elections
• Prosecutor Jack Smith charges Trump with new evidence in January 6 case