Judge allows Jack Smith to present extensive evidence in Trump J6 case

Chutkan ruled that she needs the substantial filing because the Supreme Court's recent decision told her to carefully review the evidence and facts of the case.

Published: September 24, 2024 7:13pm

Federal judge Tonya Chutkan on Tuesday ruled that special prosecutor Jack Smith can present hundreds of pages of evidence in a legal argument this week in former President Donald Trump's case regarding the January 6 riot.

The filing is due on Thursday, and is expected to be over 200 pages, according to CNN. Trump's legal team attempted to block the request for releasing the extensive data on Monday, claiming that allowing the pages “would be tantamount to a premature and improper Special Counsel report."

The briefing will first be filed under seal, but Chutkan can remove the seal for the public if she wants, and the Justice Department said it plans to file a redacted version for the public, which could be released before the 2024 presidential election in November. 

Chutkan ruled that she needs the substantial filing because the Supreme Court's recent decision told her to carefully review the evidence and facts of the case. 

“A party’s factual proffer does not conclusively establish anything — it merely provides evidence for the judicial factfinder to consider,” Chutkan wrote in a six-page opinion. “The schedule reflects the court’s best judgment about how to comply efficiently with the Supreme Court’s instructions on remand."

The judge also claimed that the public release of the information would not taint the potential jury pool or the testimony of witnesses.

The ruling comes after the Supreme Court determined this summer that presidents and former presidents have immunity from prosecution over constitutional acts made in office. They also have presumptive immunity in official acts as president, but no immunity over unrelated acts. However, the Supreme Court returned ongoing cases to lower courts to determine what constitutes official acts.

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.

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