Attorneys for President Trump have requested that the judge in his federal election interference case further delay the release of a redacted appendix containing evidence gathered by special counsel Jack Smith. This evidence is scheduled for release on Thursday, according to a court filing submitted Thursday morning.
The appendix, attached to an immunity motion unsealed two weeks ago by U.S. District Judge Tanya Chutkan, provides new details about the actions of Trump and his allies leading up to the Jan. 6 Capitol riot. Trump’s legal team has asked Chutkan to postpone the release until Nov. 14, after the upcoming presidential election, when Trump’s own reply brief appendix is due. Trump is expected to argue that his actions leading up to and during Jan. 6 should be protected by presidential immunity.
In the filing, Trump’s attorneys argued, “President Trump requests only that the Court briefly continue its existing stay of the Order, such that the redacted versions of the Special Counsel’s Appendix and President Trump’s forthcoming appendix may be released concurrently.” They claim that releasing the special counsel’s appendix alone would create a biased, “one-sided” narrative for potential jurors, while a simultaneous release would ensure a more balanced presentation of the case to the public.
The filing includes assertions that could provoke a response from Judge Chutkan, who previously warned Trump’s team against making unfounded allegations of partisanship against special counsel Jack Smith’s investigation. The attorneys further argue that while Chutkan has stated the election will not influence her decisions, she should take into account “the public’s interest in ensuring that this case does not unduly interfere, or appear to interfere, with the ongoing election.”
