A federal judge unsealed a voluminous filing by special counsel Jack Smith in the federal election case against former President Donald Trump. Smith argues that Trump is not immune from the charges because the alleged scheme, “at its core… was a private one.”
The filing is one of the first steps for the court in determining what remains of the superseding indictment Smith filed after the Supreme Court’s decision in Trump v. United States, which held that presidents enjoy some criminal immunity.
Smith had removed portions of the original indictment related to Trump’s interactions with the Justice Department. Trump’s attorney, John Lauro, had suggested during a status conference on Sept. 5 that Chutkan could throw out the superseding indictment for not adhering to the Supreme Court’s ruling. Trump has repeatedly denied all wrongdoing. In a post to TruthSocial, Trump described the brief as “falsehood-ridden” and unconstitutional.
