Special counsel Jack Smith has filed a legal brief under seal containing sensitive and previously unseen evidence in the case charging former President Donald Trump with plotting to overturn the 2020 election he lost. The brief, submitted despite objections from the Trump team, aims to defend a revised indictment filed last month to comply with a Supreme Court ruling granting broad immunity to former presidents.
Prosecutors plan to present a detailed factual proffer, including exhibits and grand jury testimony excerpts, to U.S. District Judge Tanya Chutkan to argue that the remaining allegations in the new indictment should not be dismissed. The brief, filed before the deadline, is not currently accessible to the public but may be released in a redacted form later.
Trump's lawyers have strongly objected to the filing, deeming it unnecessary and potentially damaging during the pre-election period. They argue that the court does not need extensive assistance from the Special Counsel's Office to address Trump's Presidential immunity defense.
The brief marks the beginning of a restructured criminal case following a Supreme Court opinion in July that former presidents are immune for official acts but not for private acts. The new indictment retains most allegations, excluding some related to Trump's interactions with the Justice Department, and focuses on acts like pressuring Vice President Mike Pence to reject certifying electoral votes.
Judge Chutkan will determine which acts in the indictment are official and therefore immune from prosecution, and which are private. She anticipates that her decisions may face further appeals to the Supreme Court.
