Special Counsel Jack Smith has submitted a legal brief that reportedly presents new evidence in the federal case against former President Donald Trump regarding election subversion.
A spokesperson from Smith’s office confirmed to the Associated Press that the brief was filed before the 5 p.m. EST deadline set by U.S. District Judge Tanya Chutkan. The details of the brief are currently sealed and have not yet appeared on the public docket, though a redacted version is anticipated to be released later.
In a filing made over the weekend, Smith’s office indicated that the brief, which is expected to include grand jury transcripts and various exhibits pertaining to the investigation, would not exceed 180 pages. Trump’s defense team had argued on Monday that prosecutors should be barred from filing such a lengthy document, as it significantly surpassed the typical 45-page limit set by Chutkan. However, the judge approved the special counsel’s request to exceed this standard limit a day after Trump’s objections were raised.
Trump faces four felony counts related to efforts to overturn his 2020 election defeat to President Joe Biden, including his actions leading up to the January 6 attack on the U.S. Capitol. He has pleaded not guilty to all charges and has attempted to dismiss the case on multiple occasions, all of which have been denied.
Smith's brief is expected to focus on Trump’s actions as a candidate, rather than his conduct as president, following a Supreme Court ruling in July that determined he could not face criminal charges for actions taken while in office.
Judge Chutkan will ultimately decide how much of Smith’s evidence will be made public, with the possibility that a redacted version of the brief may be available before Election Day on November 5.
Trump has consistently accused Smith of trying to interfere with his 2024 reelection campaign. His legal team argued in their objection to the brief that if the evidence is made public, it "will undoubtedly enter the dialogue around the election."
However, the presiding judge countered in her ruling on Tuesday that Smith’s brief is simply part of the litigation process and dismissed Trump’s claims that the public release of new evidence could influence "potential witnesses and taint the jury pool."
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