A federal judge has approved the public release of redacted source documents that informed special counsel Jack Smith's legal brief, which argues that Donald Trump can still face prosecution for attempting to subvert the 2020 election results. U.S. District Judge Tanya S. Chutkan's order allows the release of a four-part appendix detailing sources for the brief, although Trump has seven days to seek to block this disclosure.
The judge's ruling follows a Supreme Court decision affirming Trump's broad immunity, compelling prosecutors to revise their indictment against him for allegedly conspiring to overturn the election through false claims of fraud. Trump's legal team argued against releasing the appendix, suggesting that it contained unlawfully obtained evidence.
Chutkan dismissed Trump's lawyers' concerns, stating they failed to present substantive objections to the proposed redactions. The appendix may include public materials such as congressional witness transcripts, while nonpublic sources like grand jury transcripts will remain redacted. Trump has been granted permission to file his own immunity argument by early November, with further litigation expected into December. As the case progresses, it could eventually return to the Supreme Court, especially if Trump wins the upcoming election and seeks to halt the proceedings.
Prosecutors have painted a damning picture of Trump's actions post-election, alleging he engaged in desperate measures to overturn results in several states. They assert that Trump's actions were conducted in his capacity as a candidate, not as president, which is crucial to the ongoing legal debate.