US District Court Judge Tanya Chutkan on Thursday approved the release of redacted evidence against former President Donald Trump in his federal election interference case. The order’s timing is significant; it comes less than one month prior to the 2024 elections, in which Trump is the Republican candidate, and in the aftermath of a US Supreme Court ruling granting broad immunity for presidential acts.
In the election interference case, one of multiple cases that have been lodged against Trump in the run-up to this year’s election, the former president is accused of conspiring to overturn the results of the 2020 election. Given the case’s political sensitivity, it is being prosecuted by a special counsel — an independent officer who is authorized to investigate and, if appropriate, prosecute politically divisive allegations.
Though the original indictment dates back to August 2023, the case has faced multiple delays, including an appeal to the US Supreme Court that resulted in the landmark July 2024 ruling of US v. Trump. In that case, the Supreme Court held that former US presidents are immune from criminal prosecution for actions taken within their constitutional purview. This ruling covered some of the allegations included in the original indictment, including Trump’s alleged use of the US Justice Department to interfere in the 2020 elections. As to other allegations, the case was remanded to the US District Court for the District of Columbia to determine whether presidential immunity applies in light of US v. Trump.
In a 165-page brief filed earlier this month, Special Counsel Jack Smith argued that the remaining allegations against Trump do not benefit from presidential immunity as they constituted “private criminal conduct.” Smith had moved to release evidence supporting the brief, while Trump’s defense team moved to keep the evidence sealed. The Trump team’s motion argued that Smith’s office had “unlawfully cherry-picked and mischaracterized” the relevant information ahead of the 2024 presidential election, though it did not explain how it had reached these conclusions.
Chutkan granted Smith’s request with respect to a portion of the evidence, and reserved judgment with respect to a second tranche. In her ruling, the judge stated: “The court determines that the Government’s proposed redactions to the Appendix are appropriate, and that Defendant’s blanket objections to further unsealing are without merit.”
Trump has one week to appeal Chutkan’s order.