New Developments in Trump's Election Case: delays and redactions in Special Counsel's latest filing
ICARO Media Group
### Special Counsel's New Filing in Trump's Election Case Faces Delays and Redactions
Special Counsel Jack Smith's office submitted a significant new brief on Thursday in the federal election case against former President Donald Trump. The document, which spans 180 pages, is anticipated to present fresh evidence regarding Trump's attempts to overturn the 2020 presidential election. However, due to necessary redactions, the document remains under wraps as of Friday morning.
Smith has indicated to the court that the filing contains a "substantial amount of Sensitive Material" that requires redaction. The extent of the public release of this brief remains uncertain. According to the case docket, a redacted version could become available by mid-October after Trump's legal team files their objections to the redactions. Trump’s response to the new evidence is due on October 17.
The timeline for Trump's election case remains unclear, largely influenced by an ongoing legal dispute over which charges meet the "immunity test" established by the Supreme Court. This dispute is expected to persist and possibly escalate to the Supreme Court, casting uncertainty on when, or if, the trial will commence. Furthermore, the outcome of the next presidential election could play a pivotal role, as a victory for Trump may lead to the appointment of Justice Department officials who could potentially dismiss the charges against him.
Trump's attorneys have contested Smith’s filing from the outset, labeling it as a "180-page false hit piece" without even having reviewed it. They argue the brief could bias the jury pool and is fundamentally unfair, as it outlines the government’s allegations without providing Trump an opportunity for an immediate rebuttal. They also claim that the Special Counsel's actions could jeopardize the integrity of the proceedings and infringe upon Trump’s campaign efforts due to a gag order in place against him.
Trump has pleaded not guilty to the charges and has criticized the case as a "witch hunt" intended to sabotage his campaign. He argues that the case should be dismissed entirely in light of the Supreme Court's recent immunity ruling. The ruling states that former presidents are immune from charges related to their "official acts" while in office but remain accountable for "unofficial" acts outside the scope of their duties. This ambiguity has left Judge Chutkan with the responsibility of interpreting what qualifies as unofficial acts in Trump's case.
The Special Counsel's updated indictment, in response to the Supreme Court ruling, reframes Trump's actions after the 2020 election as those of a candidate and private citizen, rather than a sitting president. The revised indictment excludes allegations that Trump unlawfully pressured Department of Justice officials and focuses instead on efforts to influence state legislators, then-Vice President Mike Pence, and his purported exploitation of the January 6 attack on the Capitol.
As the election case progresses, Trump’s legal team has argued that Smith’s filing and the updated indictment violate Department of Justice rules that prohibit significant prosecutorial actions close to an election. A federal statute advises against timing any prosecutorial actions to influence an election’s outcome, and the DOJ follows an informal "60-day rule" to prevent major moves within two months of an election. While Trump's attorneys cite this rule, legal experts counter that it applies only to pending investigations, not active court cases.
Trump faces four federal felony charges in the election case, which accuse him of illegal activities following the 2020 election to reverse his defeat. The indictment outlines his and his allies' various attempts to disrupt the election results, including pressuring state officials, Vice President Mike Pence, and leveraging the chaos of the January 6 Capitol attack.
With multiple criminal cases pending against Trump, the progress of this federal election case will be closely watched. The case's postponement due to the Supreme Court’s review of Trump's immunity claims, among other legal maneuvers, ensures that the trial will not commence before the upcoming election.