Judge Tanya Chutkan sided with special counsel Jack Smith Tuesday, allowing him to file a lengthy brief including evidence against Trump ahead of the election.
Trump’s attorneys wrote Monday that Smith’s brief would “drive public opinion rather than justice,” opposing prosecutors’ latest request to submit an estimated 180-page motion that exceeds the normal filing limit. Earlier this month, Chutkan set a schedule that gave Smith the first stab at addressing the Supreme Court’s July ruling on presidential immunity over objections from Trump’s attorneys.
Smith’s brief, which will lay out prosecutors’ argument explaining why presidential immunity does not cover the superseding indictment, is due Thursday.
Chutkan rejected each of Trump’s arguments against Smith’s request, writing that the government’s request for a longer brief to resolve immunity issues more efficiently “is reason enough to grant the motion.”