Judge Chutkan rules in favor of Jack Smith in his lawsuit against Donald Trump

U.S. District Judge Tanya Chutkan has granted special counsel Jack Smith's request to file an oversized opening brief on immunity issues as the federal election subversion case against former President Donald Trump continues.

Smith's office alerted the court over the weekend that it was seeking to file a nearly 200-page brief on how the U.S. Supreme Court's ruling on presidential immunity affects the charges against Trump, who faces four counts related to his alleged efforts to overturn the 2020 presidential election.

Trump's defense team argued in a motion Monday that Smith's “fundamentally unfair” request should be dismissed by Chutkan, in part because the brief's page count is more than four times the usual length of opening briefs in the District of Columbia court system.

Special Counsel Jack Smith (L) in Washington, DC, on August 1, 2023, and former President Donald Trump in Palm Beach, Florida, on November 8, 2022. A federal judge granted Smith's request to file an oversized opening brief in Trump's election fraud case. (Photo by SAUL LOEBEVA MARIE UZCATEGUI/AFP via Getty Images) More

But Chuktan wrote in his order a day later that the court would grant Smith's request “to file an oversized brief” and rejected defense arguments about the legality of the brief, including allegations that prosecutors were seeking “to present their untested and biased views to the court and the public as if they were conclusive.”

“Allowance of a government brief is not 'contrary to law, procedure and custom,' as the defendant claims…it is simply the way litigation works,” Chutkan's order reads in part.

The judge also rejected the defense team's argument that the filing of the brief – which will present new evidence against Trump – could influence “potential witnesses and taint the composition of the jury” if made public.

Newsweek reached out to Trump's attorney, Todd Blanche, for comment Tuesday afternoon.

Smith is scheduled to file his brief Thursday, and prosecutors have said it will include “other categories of unpleaded evidence that the government intends to introduce at trial.” The brief comes after the Supreme Court’s ruling on presidential immunity in July, which held that Trump is immune from criminal prosecution for actions he took in his official capacity as president.

Prosecutors responded to that decision by filing a superseding indictment that highlights Trump's actions as a candidate — not as president — in the aftermath of the 2020 election, including before the riot at the U.S. Capitol on January 6, 2021.

Trump has pleaded not guilty to four counts of allegedly working to overturn the results of the 2020 election and has repeatedly claimed that prosecutors were seeking to interfere with his re-election bid. The case will not go to trial until voters go to the polls for the 2024 presidential election on Nov. 5.

Updated 9/24/24, 3:54 p.m. ET: This story has been updated with additional information and context.

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