Trump Election Case Do-Over Begins With Counsel’s Sealed Filing
(Bloomberg) -- US prosecutors filed their argument for why the revised indictment against Donald Trump for trying to overturn the 2020 election should proceed, but the documents will remain under seal for now.
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Special Counsel Jack Smith’s brief seeks to justify charges against Trump after the US Supreme Court ruled that former presidents are immune from prosecution for some official acts they took while in office. It was filed under seal Thursday, according to Peter Carr, the special counsel’s spokesperson.
Both sides are bound by a court order that restricts the disclosure of sensitive information in the case. US District Judge Tanya Chutkan will decide next how much of the government’s brief, which includes legal arguments as well as exhibits with evidence, can be released.
Smith’s filing marks the beginning of what is expected to be a prolonged legal battle and may be the last time that federal prosecutors will lay out their evidence against Trump before the Nov. 5 election, in which he is the Republican presidential nominee.
Smith filed an updated indictment in August that cut certain claims related to Trump’s communications with government officials, including a section alleging he tried to involve the Justice Department in his election scheme.
The revised indictment focused on private efforts Trump took as a candidate for office to overturn the election of President Joe Biden.
The indictment still includes allegations related to Trump’s efforts to pressure then-Vice President Mike Pence to intervene on his behalf and stop or delay Congress from certifying Biden’s win.
Chutkan has ordered Trump’s lawyers to respond by Oct. 17. Another brief from prosecutors is due Oct. 29.
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