A redacted version of a key filing by special counsel Jack Smith in the election interference case against former President Donald Trump could be made public in the weeks leading up to the 2024 election.
Smith’s filing, made under seal on Thursday, argues that Trump’s superseding indictment is not protected by presidential immunity, and includes new evidence not previously seen by the public.
U.S. District Judge Tanya Chutkan ordered Trump’s legal team to submit any objections to the proposed redactions by October 1, with further objections to the filing’s appendix due by October 10.
Prosecutors stated that the redacted version would not remove “quotations or summaries of information from Sensitive Materials.” However, footnote citations revealing non-public sources, such as grand jury transcripts and sealed search warrant materials, would be redacted. The appendix will also redact sensitive materials that are not public.
Prosecutors additionally proposed redacting certain publicly available content, such as Trump’s tweets, if they identify individuals who could be witnesses and may face threats or harassment.
Trump’s attorneys opposed the filing, arguing it would influence public opinion and deviate from normal procedure, but Judge Chutkan allowed prosecutors to proceed.
The Supreme Court has previously ruled that former presidents are immune from prosecution for official acts taken while in office, but left lower courts to determine how immunity applies to other allegations.
In response to the ruling, Smith’s superseding indictment, filed in August, focused on actions by Trump that were of a personal nature, excluding interactions with Department of Justice officials that could be considered protected by presidential immunity.
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