In a recent development, Judge Tanya Chutkan has given her consent to reveal the evidence compiled by Special Counsel Jack Smith, which was previously used to challenge former President Donald Trump.
This evidence is part of a 165-page 'opening brief' and is being perceived as Smith's unexpected October revelation.
As reported by Gateway Pundit, Trump's legal representatives had earlier on Thursday requested Judge Chutkan to keep Smith's evidence appendix confidential. They contended that Smith was attempting to meddle in the election by publicly filing additional evidence related to the January 6 case.
The legal team representing Trump argued, There should be no further disclosures at this time of the so-called evidence that the Special Counsels Office has unlawfully cherry-picked and mischaracterized during early voting in the 2024 presidential election in connection with an improper presidential immunity filing that has no basis in criminal procedure or judicial precedent.
However, Judge Chutkan promptly dismissed Trump's plea on Thursday afternoon and decided to reveal Smith's evidence. She reiterated that the election holds no relevance to her decision, but she did pause her decision for seven days to allow Trump's lawyers to "evaluate litigation options."
Earlier this month, Judge Chutkan had unsealed Smith's 165-page "immunity motion" where he argued that Trump is subject to presidential immunity following the Supreme Court's ruling. This move was seen as an attempt to inflict maximum damage on Trump ahead of the election.
Smith dismissed Trump's immunity claims, stating that his actions on January 6 were "private." He wrote in the motion, The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct. Not so. Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one. Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counteda function in which the defendant, as President, had no official role.
Smith also accused Trump of inciting a riot. His dossier includes a message from an unidentified Trump aide who responded to a colleague's suggestion of potential unrest with, Let them riot and Do it!!! However, Smith has not charged Trump with inciting a riot due to lack of evidence. Critics argue that the inclusion of the "riot" message in Smith's dossier is a strategic move to tarnish Trump's image before the election.
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