Special Poll
- There was no immediate indication of the filing on the public court docket, but prosecutors had suggested they would initially submit the papers under seal.
- Representatives for the former president did not immediately respond to requests for comment.
- The decision now rests with Judge Chutkan on whether and when to release the filing or a redacted version to the public. Trump is likely to oppose any release of this information.
- Trump’s legal team has argued that making the detailed document public so close to Election Day, just 40 days away, is political interference.
- His attorneys also claim that the filing goes against standard procedures in criminal cases. They argue that Trump should have been given a chance to challenge the case before prosecutors submitted their response.
- Judge Chutkan dismissed the Trump team’s arguments, pointing out that the prosecutors’ detailed presentation was a result of Trump’s own appeal to the Supreme Court. Trump had argued for broad immunity from criminal charges related to his actions as president.
- In a July ruling, the Supreme Court justices ordered Chutkan to carefully review prosecutor Smith’s evidence to decide if any of it should be protected due to its connection to Trump’s official presidential duties.
- In August 2023, a grand jury indictment accused Trump of conspiracy to disenfranchise voters, obstructing the January 6th, 2021, Congressional proceedings, and conspiring to defraud the government.
- Earlier this month, Chutkan also rejected claims from Trump’s legal team that the timing of the filing was aimed at influencing the election, stating that the political calendar would not factor into her decisions.
- Trump’s response to the prosecutor’s filing is due by October 17th, though there may be disputes in the meantime regarding public access to the detailed submission.