Trump’s DC Election Interference Case: What’s Happening Now?
After months of standstill, there is rapid movement in Trump’s DC election interference and insurrection case. Special Counsel Jack Smith has made significant progress, and here’s what you need to know.
Special Counsel Jack Smith’s Brief
On Thursday, Special Counsel Jack Smith delivered a 180-page brief, with attachments, to US District Judge Tanya Chutkan under seal. This means the document is not yet public. On Friday, Judge Chutkan gave Trump’s lawyers a narrow window to argue why it should not be unsealed.
What’s in the Brief?
Smith’s brief explains why his superseding indictment, charging Trump with four felonies related to his attempt to overthrow the 2020 election, meets the Supreme Court’s directive. The Supreme Court says an ex-president cannot be charged with crimes for official duties while in office. Smith also explains how the evidence prosecutors will present in Trump’s trial will not go against this decision.
Sealed but With Redactions
Smith filed the paperwork under seal but included redactions. Redactions are parts of the document that are blacked out. Smith argues these redactions will allow Judge Chutkan to release the brief and its supporting documents to the public.
Prosecutors’ Argument for Public Release
As ABC News reported:
In their filing Friday, prosecutors argued that releasing a version of the brief that removes the names of witnesses other than Vice President Mike Pence — and also redacts nonpublic information sources — would respect the court’s orders and serve the public’s interest in the case.
“Rather, the public’s interest is fully vindicated by accessing the substantive material in the Government’s filing,” the filing said. “For example, the unredacted substance of what a witness said is more important, for purposes of public access, than the redacted identity of the specific person who said it.”
Deadlines for Trump’s Lawyers
Judge Chutkan gave Trump’s lawyers until October 1 (next Tuesday) to file their objections to unsealing Smith’s 180-page main brief. They have until October 16 to present their arguments on why the supporting documents should not also be unsealed.
Judge Chutkan’s Decision
No one can know what Judge Chutkan will decide — full release, partial release, or no release at all. Nor can they say how long she will take to decide. However, Judge Chutkan is known for not wasting time and being fair. She is not biased towards Trump and aims to uphold justice.
Possible Outcomes
Theoretically, we could see Smith’s evidence of Trump’s electoral misconduct as soon as October 2 — just five days from now. The supporting documents could be in the public record as soon as October 17. However, whatever is released will contain at least Smith’s redactions. Judge Chutkan may allow Trump’s team some further censoring if she allows the release at all.
Can Trump Appeal?
The big question is if Trump can appeal a Judge Chutkan decision to allow the unsealing — or if Smith could if she chose to keep the matter secret. Smith has already said he will leave it up to the judge’s discretion. And Trump cannot appeal scheduling decisions, which are not technically appealable.
Supreme Court’s Role
This Supreme Court has already ignored precedent and created new laws. So, it is uncertain what they will do. Justices Thomas and Alito are likely to try and interfere. But they will need to convince two of the other four conservative justices to join them to hear an appeal.
Impact on the Supreme Court
If they did interfere, it would put the Supreme Court on thin ice. If Harris wins the election — and the Democrats hold the Senate and take back the House — the likelihood of expanding the Court would increase significantly.
Conscience and Image
It is unclear if Justices Roberts, Kavanaugh, Gorsuch, and Barrett have a conscience or are capable of self-reflection. But they are likely sensitive to their image. Their approval rating is already low, and they must consider if they want to spend the rest of their tenures in infamy. If they continue taking the low road, the Taney Court will be dethroned as the worst Supreme Court in the nation’s history.
