"The brief due Thursday (9/26) ā which is expected to exceed 200 pages, including exhibits, and is meant to convince courts Trump should be prosecuted for alleged obstruction and conspiracy criminal activity ā is a rare avenue for evidence to be aired in court before a trial.
Chutkan of the DC District Court, in a six-page opinion, said she would allowĀ such an outsized briefingĀ because the Supreme Court, in its recent decision to give TrumpāsĀ actions whileĀ president immunity from prosecution, has directed her as the trial judge to look closely at facts in the case to decide ifĀ some allegationsĀ could moveĀ forward to trial."
I love how she tied it to the immunity defense. āOh because youāre only immune in these specific instances. Weāre going to review every single tiny last minutia of detail to see if youāre really immune or not.ā
Will this make it public record?
Smith has been trying to file under seal. He doesnāt want it to be public record yet presumably because that would interfere with the prosecution.