“Bombshell” Filing Could Be Released in Trump’s Election Case if Judge Allows, Legal Experts Say

Special counsel Jack Smith may soon reveal new, potentially explosive evidence in the federal election interference case against former President Donald Trump—if the judge overseeing the case allows it. According to a report by Forbes, the evidence could shed light on Trump’s efforts to overturn the 2020 presidential election, just weeks before he faces Vice President Kamala Harris in the 2024 race. However, Trump’s legal team is fighting to keep this new information from public view.

The latest development in the case centers around a filing from Smith, which Trump’s lawyers have preemptively criticized. “Trump’s lawyers pleaded with the court on Monday not to allow Smith to file the brief, claiming even before seeing it that it will be a ‘180-page false hit piece,'” Forbes reported. Trump’s legal team argues that it would be “fundamentally unfair” for this information to be released before the election, as it could present the government’s allegations without giving Trump an immediate chance to respond.

Judge Chutkan Holds the Key

The decision now rests with U.S. District Judge Tanya Chutkan, who is overseeing the federal election interference case in Washington D.C. Chutkan has previously expressed frustration with Trump’s legal team over their attempts to delay the case. Earlier this month, she made it clear that the case had been ongoing for more than a year and that the court was “hardly sprinting to the finish line.” “This court is not concerned about the election schedule,” Chutkan told Trump’s lawyers earlier, indicating that legal proceedings would not be delayed to accommodate Trump’s 2024 presidential run.

Now, Chutkan must decide whether to allow Smith to file the brief outlining his case against Trump under the latest legal framework. The timing is critical, as the filing could reveal crucial details about Trump’s alleged attempts to interfere with the 2020 election. According to Forbes, if allowed, the filing is due Thursday, and Chutkan’s ruling on the matter is expected “imminently.”

Legal Battle Over Transparency

Trump’s legal team has argued that allowing the filing to be made public could “taint the jury pool,” suggesting that its release could unfairly influence public opinion before the trial. However, former federal prosecutor Joyce Vance countered that argument, suggesting the court has a responsibility to allow Smith to present his case for consideration.

“It would be judicial malpractice for the court to refuse to let Smith air his case for her consideration as Judge Chutkan prepares to rule on what, if any of it, escapes the broad grant of immunity ordered by the Supreme Court,” Vance wrote in her Substack newsletter.

Vance explained that the government is not obligated to present its entire case in an indictment but simply to notify the defendant of the charges they must prepare to defend against. In this case, Smith’s brief is expected to outline how he plans to proceed under the new legal landscape shaped by the Supreme Court’s ruling on limited presidential immunity.

A Crucial Moment in Trump’s Legal Fight

While Trump’s legal team continues to argue that the brief could unfairly impact his chances in the upcoming election, the ultimate decision is “up to Chutkan,” as Forbes noted. The judge’s ruling could play a pivotal role in shaping the future of the case, as well as Trump’s political fortunes.

If Chutkan allows the filing, the public may soon learn more about Trump’s alleged efforts to overturn the 2020 election and how Smith plans to prosecute the case. On the other hand, if the filing remains sealed, the details of Smith’s strategy may not emerge until later in the trial. Either way, this decision could have significant implications for both the legal proceedings and the political landscape leading up to the 2024 election.