Judge Chutkan Plans October Surprise — Pre-Election Release of Jack Smith’s Secret Jan. 6 Brief Against Trump

Judge Tanya Chutkan appears ready to release the contents of special counsel Jack Smith’s immunity opus, perhaps days before voters decide whether to send President Trump back to the White House.

The drama surrounding the brief will intensify on Tuesday, when Trump owes Judge Chutkan his suggestions on what material should be redacted. The special advisor has already provided the lawyer with the government’s notions of what is appropriate for public consumption.

Judge Chutkan’s briefing schedule — she set another deadline for the 45th president to suggest redactions, October 10 — indicates that she decided that the brief, the summary of Mr. Smith’s arguments against Trump, would reach to the public in one form or another. She and the parties have already seen the file, although it is under seal. Trump calls this a “monstrosity” and a “false political stunt.”

The decision of the Supreme Court in Trump v. United States The presumption of immunity for official presidential acts was a landmark victory for the 45th president in his efforts to thwart the prosecution of Mr. Smith on January 6. This came after Judge Chutkan and the District of Columbia Circuit of the United States Court of Appeals both held that Trump was not protected by any immunity.

Since the Nine issued that decision, Trump has suffered one defeat after another in Judge Chutkan’s courtroom. First, she rejected his request for dismissal, calling it selective and vindictive. The lawyer also granted Mr. Smith’s request to submit a giant brief on immunity and approved the special prosecutor’s request to be allowed to quadruple the maximum number of pages for briefs in Federal Court. Trump also opposed this subsidy.

The 45th president calls Mr. Smith’s brief “fundamentally unfair” and designed in service of a “politically motivated agenda,” meaning its goal is to influence elections. Trump alleges that a brief so close to the vote violates Justice Department policies on election interference. Judge Chutkan slammed her argument as “inconsistency” and believes that these guidelines do not fall within her jurisdiction.

The DOJ requires that its prosecutors “may never choose the timing of investigative steps or criminal charges with the aim of affecting an election, or with the aim of giving an advantage or disadvantage to a candidate or political party “. Another informal rule warns that prosecutors “should not take any action that could influence an election within 60 days of that election.”

Mr. Smith’s new, slimmed-down indictment in the case was filed about 70 days before the election, and the government says that once the charges are filed, the rules against election interference are no longer in effect. Trump, however, argued on Truth Social that the special prosecutor had “violated” that ban and that he had “been informed by my lawyers that you’re not even allowed to file lawsuits right before an election — a direct attack against democracy. .”

Judge Chutkan does not seem bothered by the proximity of the elections. She announced the October schedule in what is called a “minute order,” simple instructions used to announce the schedule and other contentious tasks. The format suggests that she does not intend to elaborate on why she has developed a timetable that envisions the release of the brief, in one form or another, in the days leading up to the November 5 election. .

The contents of the brief could put Trump on the defensive. Mr. Smith writes that his document includes “quotations or summaries of information” from confidential or sensitive sources such as “grand jury transcripts, interview reports or documents obtained through sealed search warrants.” . Some of this evidence could be drawn from the testimony of Chief of Staff Mark Meadows and Vice President Pence.

The special prosecutor announced that the brief would also include “other categories of unpleaded evidence that the government intends to present at trial” and “a substantial amount of sensitive documents.” Trump believes that Mr. Smith’s work “amounts to a premature and inappropriate special counsel report,” even though it was released before a jury had heard evidence or rendered a verdict.

Judge Chutkan maintains she “does not need to address the merits” of Trump’s election interference allegations because “concerns about the political consequences of these proceedings do not impact the prior timeline at trial.” His response to Mr. Smith’s brief is expected three weeks before Election Day.