On Thursday, Judge Tanya Chutkan rejected a motion by former President Donald Trump seeking to postpone the release of court documents and exhibits linked to the 2020 election interference case. She further announced that the court would make public the evidence tendered by the government on Friday.
In her detailed five-page directive, Chutkan emphasized that public access to all aspects of criminal court trials is generally assumed. Trump’s plea for the materials to remain confidential failed to provide any convincing arguments relevant to any factors that would be taken into consideration. Trump’s attorneys argued for keeping the materials confidential for another month would serve other interests, a claim that Chutkan dismissed as unconvincing.
Judge Chutkan was charged with deciding whether an appendix and brief, submitted earlier this month by special counsel Jack Smith, should be accessible to the public while maintaining the secrecy of certain information. Last week, Chutkan permitted the brief to be publicized, with redactions made to the names of alleged co-conspirators, campaign staff, and White House personnel, as well as specific references to grand jury proceedings.
In response to Trump’s opposition to any further disclosures, Chutkan granted Smith’s request to include the appendix with his proposed redactions in the public docket. Simultaneously, she allowed Trump’s request for a one-week stay on her decision to explore potential further litigation.
The special counsel indicated that a significant portion of the appendix contains sensitive materials that need to remain confidential from the public. This evidence, which is subject to a protective order issued at the case’s commencement, probably includes grand jury testimonies and FBI interviews.
Trump’s legal team argued that Chutkan should not sanction the release of any more information at this time, citing concerns of election interference due to the asymmetric release of charged allegations and related documents during early voting. Chutkan dismissed the notion of an “asymmetric release,” noting that the court does not restrict public access to just one side. She stated that Trump could present his legal arguments and factual proffers regarding immunity at any time before the November 7, 2024 deadline.
In a separate order on Friday, the court will include the appendix with Smith’s proposed redactions in the public docket. The case against Trump, which centers on four counts relating to a purported scheme to undermine the transfer of power after the 2020 presidential election, was revived in August. Trump has pleaded not guilty to these charges in the new indictment. The question of whether the conduct alleged in the revised indictment is protected by presidential immunity is currently under debate, with the final determination to be made by Chutkan. Trump’s attorneys have stated their intention to seek a dismissal of the entire case on the grounds of presidential immunity, among other reasons.
Robert Legare and Melissa Quinn contributed to this report.
