(DCNF)—Judge Tanya Chutkan released Wednesday a redacted version of special counsel Jack Smith’s lengthy brief detailing evidence in the election interference against former President Donald Trump.
Chutkan wrote there is “no support” for Trump’s attorneys’ accusations that the government is driven by “bad-faith partisan bias,” ordering Smith’s 165-page brief on presidential immunity to be filed on the public docket. For weeks, Trump’s attorneys have argued Smith should not be allowed to file the motion, which they claimed would do little more than allow prosecutors to make their case in the “court of public opinion” ahead of the election.
“These accusations, for which Defendant provides no support, continue a pattern of defense filings focusing on political rhetoric rather than addressing the legal issues at hand,” Chutkan wrote. “Not only is that focus unresponsive and unhelpful to the court, but it is also unbefitting of experienced defense counsel and undermining of the judicial proceedings in this case.”
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The Supreme Court held in July that former presidents are immune from prosecution for official acts taken in office. Smith’s brief denies that the ruling covers the allegations in his superseding indictment against Trump.
“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” prosecutors wrote. “Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counted—a function in which the defendant, as President, had no official role.”
The release of the brief “following Tim Walz’s disastrous debate performance is another obvious attempt by the Harris-Biden regime to undermine American Democracy and interfere in this election,” Trump Campaign Communications Director Steven Cheung said in a statement.
“Deranged Jack Smith and Washington DC Radical Democrats are hell-bent on weaponizing the Justice Department in an attempt to cling to power,” Cheung said. “President Trump is dominating, and the Radical Democrats throughout the Deep State are freaking out. This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely, together with ALL of the remaining Democrat hoaxes.”