The federal judge overseeing former President Donald Trump’s 2020 election interference case approved a request by special counsel Jack Smith on Tuesday allowing him to file an “oversized” brief responding to the Supreme Court’s presidential immunity ruling.
Smith sought permission for District Judge Tanya Chutkan to file a “comprehensive” opening brief explaining how the government intends to prosecute Trump in light of the Supreme Court’s July 1 ruling which granted the 45th president absolute immunity for certain presidential acts.
The special counsel’s Saturday request noted that his brief – due to Chutkan on Thursday – would be “quadruple” the size of the court’s 45-page limit and contain a “substantial number of exhibits,” including potential new evidence in the case.
“The length and breadth of the Government’s proposed brief reflects the uniquely ‘challenging’ and factbound nature of those determinations,” Judge Chutkan wrote in her ruling, referring to the prosecution’s effort to apply the Supreme Court’s immunity decision to the case.
Trump’s legal team opposed the request, calling Smith’s proposed filing a “monstrosity” and arguing that the government “aims to proffer their untested and biased views to the Court and the public as if they are conclusive” just weeks before Election Day.
Last month, Smith filed a superseding indictment against Trump in response to the Supreme Court’s presidential immunity decision.
Trump, 78, remains charged with the same four counts unveiled last August in connection with his bid to overturn his 2020 election defeat by Joe Biden, but Smith’s team retooled some of their arguments to comply with the high court’s determination that the former president enjoys “absolute” immunity from prosecution for certain official acts.
The former president has pleaded not guilty on all counts and has demanded a total dismissal of the case.
The case will not head to trial before Election Day on Nov. 5.
