Jan. 6 case appendix to be released Friday after judge denies Trump's request
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Former President Trump campaigning at a Univision Noticias town hall event on Oct. 16, 2024 in Doral, Florida. Photo: Joe Raedle/Getty Images
The judge in former President Trump's federal Jan. 6 case on Thursday evening rejected his lawyers' request to delay the court-ordered release of a redacted appendix of new evidence from special counsel Jack Smith.
Why it matters: Trump's lawyers said delaying the case until after the election would allow them to submit a counter to the appendix that the special counsel's office filed, but U.S. District Court Judge Tanya Chutkan denied their request and ordered Smith's dossier be unsealed with redactions on Friday.
- Trump is in a close race against Vice President Kamala Harris and he was seeking to delay the appendix's release until after Nov. 14.
The latest: "There is undoubtedly a public interest in courts not inserting themselves into elections, or appearing to do so," Chuktan wrote in her decision Thursday.
- "But litigation's incidental effects on politics are not the same as a court's intentional interference with them," she continued.
- "As a result, it is in fact Defendant's requested relief that risks undermining that public interest: If the court withheld information that the public otherwise had a right to access solely because of the potential political consequences of releasing it, that withholding could itself constitute —o r appear to be — election interference," she added.
- "The court will therefore continue to keep political considerations out of its decision-making, rather than incorporating them as Defendant requests."
Catch up quick: Following the Supreme Court decision that presidents have immunity for "official acts," special counsel Smith filed a motion arguing that Trump was not acting in his official capacity when he allegedly tried to overturn the 2020 election.
- Chutkan ruled earlier this month to unseal Smith's 165-page redacted motion, and indicated a redacted version of the appendix would also be unsealed — a plan Trump's legal team objected to.
- The judge gave the former president's lawyers time to oppose the decision before enforcing the order to release the redacted appendix.
What they're saying: Trump's attorneys wrote in their opposition Thursday that while the "stay will not eliminate the harms President Trump identified in his prior opposition filings, ... certain harms will be mitigated."
- "For example, if the Court immediately releases the Special Counsel's cherry-picked documents, potential jurors will be left with a skewed, one-sided, and inaccurate picture of this case," they wrote.
Go deeper:
- Read: New filing unveils additional evidence in Trump's 2020 election case
- "Politically motivated manifesto": Trump seeks redactions in Jan. 6 case
Editor's note: This a breaking news story. Please check back for updates.
