A day after filing a sealed brief seeking to justify his superseding indictment against Donald Trump, special counsel Jack Smith is pushing to file a public version of the brief that includes “substantive” summaries of what investigators learned from witnesses in the former president’s federal election interference case.
In his lengthy brief filed under seal on Thursday, Smith presented his case for how the Supreme Court’s ruling on presidential immunity does not apply to Trump’s criminal case, in which the former president is accused of seeking to overturn the results of the 2020 election.
In their filing Friday, prosecutors argued that releasing a version of the brief that removes the names of witnesses other than Vice President Mike Pence — and also redacts nonpublic information sources — would respect the court’s orders and serve the public’s interest in the case.
“Rather, the public’s interest is fully vindicated by accessing the substantive material in the Government’s filing,” the filing said. “For example, the unredacted substance of what a witness said is more important, for purposes of public access, than the redacted identity of the specific person who said it.”
If permitted by U.S. District Judge Tanya Chutkan, the public filing could shed new light on the government’s sweeping case against Trump by making public the summaries of information obtained from witness interviews, grand jury testimony, and search warrants.
Judge Chutkan ordered Trump’s lawyers to file their objections to the proposed redactions on Tuesday.
A response from the prosecutors is due on Oct 10, meaning the material could possibly become public in mid-October.
In this July 31, 2024, file photo, Republican presidential candidate former President Donald Trump waits on stage to speak at a campaign rally, in Harrisburg, Pa.
Alex Brandon/AP, FILE
Trump last year pleaded not guilty to charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in an effort to subvert democracy and remain in power.
In July, the Supreme Court ruled in blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office — effectively sending the case back to Chutkan to sort out which charges against Trump can stand.
Smith then charged Trump, in a superseding indictment, with the same election interference offenses in the original indictment, but pared down and adjusted to the Supreme Court’s presidential immunity ruling.
Chutkan had originally scheduled the case against the former president to go to trial on March 4, but subsequently delayed the trial indefinitely due to the ongoing litigation.
Source Agencies
