Files evidence

Jack Smith files evidence in Trump 2020 election subversion case

The special counsel’s submission is being kept under wraps, for now.

By Josh Gerstein and Kyle Cheney

Special counsel Jack Smith has filed a detailed compilation of evidence he’s assembled to support charges that former President Donald Trump broke federal law in his efforts to overturn the results of the 2020 presidential election.

Smith’s office confirmed Thursday afternoon that prosecutors sent U.S. District Court Judge Tanya Chutkan the information in advance of a 5 p.m. deadline she set.

“We have complied with the court’s order,” spokesperson Peter Carr said. He declined to elaborate on the size or contents of the filing, although earlier this week prosecutors won permission from Chutkan to take as many as 180 pages to detail the proof they’d offer against Trump if and when the case goes to trial.

There was no immediate indication of the filing on the court’s public docket, but prosecutors had signaled their plan to submit the papers under seal — at least initially.

Spokespeople for the former president did not immediately respond to requests for comment.

It’s now up to Chutkan to determine whether and when to release the filing — or a redacted version — to the public. Trump is sure to protest any release of the information at all. His attorneys have argued that putting the detailed compilation in the public domain is a form of political interference just 40 days before Election Day.

Trump’s lawyers have also said the filing inverts the normal practice for handling motions in criminal cases, contending that Trump should have had the chance to offer his challenges to the case before prosecutors offered a response.

But Chutkan dismissed the Trump team’s arguments, noting that the prosecutors’ proposal to lay out their case to the judge was largely the result of an appeal Trump brought to the Supreme Court, arguing that he is entitled to sweeping immunity from criminal charges for his actions as president.

In their ruling on that issue in July, the justices ordered Chutkan to take a detailed look at Smith’s evidence to determine whether any of it should be treated as immune because of its connection to Trump’s official duties as president.

In a grand jury indictment filed in August 2023, prosecutors accused Trump of conspiring to disenfranchise millions of voters, obstructing Congress’ Jan. 6, 2021, proceedings and conspiring to defraud the government.

At a hearing earlier this month, Chutkan also rejected the Trump attorneys’ claims that the filing during the height of the presidential race was improperly geared toward influencing the election, saying she would not consider the political schedule in her decisions.

Trump’s response to Smith’s filing is due Oct. 17, but there could be skirmishing in the meantime over the issue of public access to the prosecutor’s detailed submission.