(WASHINGTON) — The judge overseeing former President Donald Trump’s federal election interference case on Tuesday granted special counsel Jack Smith’s request to file a 180-page brief on presidential immunity, including potential new evidence in the case.
Smith faces a Thursday deadline to file his opening brief about how the Supreme Court’s ruling on presidential immunity applies to the former president’s criminal case.
Smith had sought the judge’s permission to file an oversized brief, including more than 30 pages of exhibits. Filings are normally limited to 45 pages.
While U.S. District Judge Tanya Chutkan is allowing the lengthy filing, the materials will likely be filed under seal — with a public version likely to be released, with redactions, at a later date.
Trump’s lawyers had opposed the request, calling the proposed filing a “monstrosity” and a “biased list of grievances” and arguing that the filing would allow prosecutors to unfairly publicize evidence.
Trump last year pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in order to remain in power.
In July, the Supreme Court ruled in blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office — effectively sending the case back to Chutkan to sort out which charges against Trump can stand.
Chutkan subsequently ruled that Smith can file a comprehensive brief supporting his presidential immunity arguments by this Thursday.
The judge, in granting the government’s request for an oversized brief, said that the unique challenge of applying the Supreme Court’s ruling justifies the unusually long document.
“The length and breadth of the Government’s proposed brief reflects the uniquely ‘challenging’ and factbound nature of those determinations,” Judge Chutkan wrote.
In the same order, Judge Chutkan denied Trump’s request to reconsider her schedule addressing the immunity issue.
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