Special counsel Jack Smith has filed his team’s legal brief that lays out new evidence, prosecutors say, in former President Donald Trump‘s federal election subversion case.
A spokesperson for Smith’s office confirmed with the Associated Press on Thursday that the brief was filed before the 5 p.m. EST deadline set by U.S. District Judge Tanya Chutkan. The details of the brief are under seal and have not hit the public docket yet, although a redacted version is expected to be filed at a later time.
Smith’s office said in a filing over the weekend that the brief, which is expected to contain grand jury transcripts and multiple exhibits related to the investigation, would not exceed 180 pages. Trump’s defense team had argued on Monday that prosecutors should be blocked from filing the brief, given that its page count was significantly higher than what is typically accepted by Chutkan. The judge granted the special counsel’s office request to exceed the typical 45-page limit in a motion one day after Trump’s objections were filed.
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Trump face four felony counts related to activities surrounding efforts to overturn his 2020 election loss to President Joe Biden, including the former president’s actions leading up to the January 6 attack on the U.S. Capitol. Trump has pleaded not guilty to all charges and has sought to dismiss the case on several occasions, although all of such efforts have been denied.
Smith’s brief will highlight Trump’s actions as a candidate, not as president, in the aftermath of the 2020 presidential election, a response to the Supreme Court’s ruling in July that found the former president immune from facing criminal charges related to his official duties in office.
Chutkan will have the final say on how much of Smith’s evidence against Trump will be released to the public, although it is likely that a redacted version of the brief could come before Election Day, which is November 5.
Trump has repeatedly accused Smith of attempting to “interfere” in his 2024 reelection chances. His legal team said in its objection to the brief this week that if the evidence is filed publicly, it “will undoubtedly enter the dialogue around the election.”
But the presiding judge said in her decision on Tuesday that Smith’s brief, contrary to the defense’s argument, is “simply how litigation works,” and pushed back on Trump’s claim that releasing the new evidence to the public could influence “potential witnesses and taint the jury pool.”
Newsweek reached out to Trump’s attorney Todd Blanche via email for comment Thursday evening.
Update 09/26/24, 10:02 p.m. ET: This article has been updated with additional information and background.