A day after filing a sealed brief in an attempt to justify his superseding indictment against President Trump, special counsel Jack Smith is now pushing to file a public version that includes “substantive” summaries of evidence gathered from witnesses in Trump’s federal election interference case.
In the sealed brief submitted Thursday, Smith argued that the Supreme Court’s ruling on presidential immunity does not apply to Trump’s criminal charges, which accuse him of attempting to overturn the 2020 election “results.”
On Friday, prosecutors requested permission to release a version of the brief that redacts the names of witnesses, except for Vice President Mike Pence, and removes nonpublic information. They argued that such a release would align with the court’s orders while serving the public's interest in the case.
“The public's interest is fully vindicated by accessing the substantive material in the Government's filing,” the filing stated. “For example, the unredacted substance of what a witness said is more important, for purposes of public access, than the redacted identity of the specific person who said it.”
If U.S. District Judge Tanya Chutkan permits, the public filing could provide new insights into the government’s case against Trump, revealing summaries from witness interviews, grand jury testimony, and search warrants.
Judge Chutkan has ordered Trump’s lawyers to submit their objections to the proposed redactions. Prosecutors are expected to respond by October 10, suggesting the material could become public by mid-October.
