Jack Smith Signals Next Move in Donald Trump Immunity Case

Department of Justice (DOJ) special counsel Jack Smith stated in court documents filed on Saturday that the government’s upcoming filing in the federal election subversion case against former President Donald Trump will not exceed 180 pages.
The opening brief on presidential immunity, required to be filed to U.S. District Judge Tanya Chutkan by September 26, is expected to be half composed of a “detailed factual proffer,” and include around 30 pages of “extensive footnote citations to an exhibit appendix.”
Given the “substantial amount of sensitive material” to be filed, the government proposed a redacted version to later be filed on the public docket.
Trump, the Republican presidential nominee, was indicted in Washington, D.C., on four counts of allegedly working to overturn the results of the 2020 election in the run-up to the January 6, 2021, riot at the U.S. Capitol. The four counts include conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of an official proceeding and conspiracy against rights.
The former president has pleaded not guilty and has said the case is part of a political witch hunt. In May, a New York jury found Trump guilty of 34 felony counts in his criminal hush money trial. He is awaiting sentencing, which will not take place ahead of November’s election.
Newsweek has filed out a contact request form with the DOJ and contacted Trump’s lawyer via email on Saturday evening.
In a 6-3 ruling on July 1, the U.S. Supreme Court said that presidents have broad immunity for official acts. The Court added that presidents have absolute immunity for core political acts and some immunity for other acts committed as president, but no immunity for strictly private conduct. It also ruled that official acts cannot be used as evidence if taking a case against a president for unofficial acts.
The ruling led Smith to request a month delay in order to reassess the government’s case. He then submitted a superseding indictment that placed more emphasis on Trump as a candidate, not as the president. It also removed the allegation that Trump put pressure on DOJ officials to help overturn the 2020 election result.
Lawyers on both sides have filed numerous motions in the past months, including Trump’s lawyers requesting the case’s dismissal.
Most recently, Chutkan chided Trump’s lawyers while granting them an extension to a missed deadline for filing documents, saying “Going forward, the parties should seek any needed extensions of time before the deadline.”
Update 9/21/24, 6:02 p.m. ET: This article has been updated to include additional information.