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Former President Donald Trump and his campaign have levied accusations against special counsel Jack Smith, alleging a breach of Justice Department norms following the release of a court filing detailing Trump's attempts to overturn the 2020 election results. Contrary to Trump's claims, it was a federal judge, Tanya Chutkan, who decided to make the document public.

Trump criticized the timing of the disclosure, calling it a "weaponization of government" and suggesting that it was intended to influence the upcoming election. Traditionally, the Justice Department observes an informal 60-day quiet period before elections to avoid actions that might sway voters. However, the recent disclosures came from an ongoing criminal case, with Judge Chutkan ordering the release of the redacted document.

Two sources familiar with the situation told NBC News that Smith was unaware of the judge’s decision to release the filing or its timing. Comparisons have been drawn to James Comey's announcements about Hillary Clinton’s emails in October 2016, though the scenarios differ significantly. In this case, the information was released under judicial order, related to an ongoing investigation where multiple indictments had already been issued against Trump.

Judge Chutkan has stated that Trump's campaign and presidential run will not affect the criminal proceedings. She emphasized the independence of the judicial process from political considerations in a recent court order. Chutkan regained control of the case in August after a Supreme Court ruling granted Trump immunity on some official acts. Her order required both parties to delineate which of Trump's actions were presidential and which were personal.

Smith's team, adhering to this order, secured a fresh indictment from a new grand jury focused on Trump's personal attempts to misuse the Justice Department. This indictment was issued just outside the DOJ's 60-day guideline period, further distancing the process from potential electoral influence.

The current legal discourse revolves around what evidence will be permissible in court. Smith filed an opening brief on immunity, under seal due to sensitive content, in compliance with the court's deadline. After feedback from Trump's team and subsequent review, Judge Chutkan determined the redactions in the brief were appropriate and allowed its release.

Trump took to Truth Social to voice his outrage, claiming the DOJ violated its own rules and accused them of election interference. However, experts like Chuck Rosenberg highlight that the actions were fully within DOJ guidelines, emphasizing the integrity of Smith's team’s procedures.

Despite the accusations, Smith's pursuit of a superseding indictment in August underscores the belief within his team that Trump committed serious felonies in efforts to overturn the election. They argue that Trump’s repeated offenses warrant a significant sentence, potentially impacting his 2024 presidential aspirations. The ongoing tension and legal battles reflect the broader conflict between Trump and federal prosecutors, emphasizing the stakes involved as Election Day approaches.