January 6 evidence against Trump may be released before election after judge’s decision

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Andrew Feinberg

White House Correspondent

Prosecutors may release never-before-seen evidence in the federal election interference case against Donald Trump ahead of the November presidential election, according to a schedule laid out Thursday in federal court.

Under the timeline, special counsel Jack Smith’s office will file evidentiary disclosures on September 10 and supporting materials for its arguments around presidential immunity by September 26.

Those disclosures could include grand jury transcripts and other materials that were not included in the initial indictment. The evidence relating to Trump, the Republican candidate, has the potential to impact the 2024 race by shedding new light on his 2020 campaign, and the January 6, 2021 insurrection.

The schedule largely sides with the special counsel’s proposed timeline for the trial.

In federal court on Thursday, Smith’s team said they wanted to file an initial brief that included “substantial exhibits”.

The evidence may not immediately be made fully public after it’s submitted. Some of it may remain under seal.

Thursday’s hearing was tense between Trump’s lawyers, federal prosecutors and Judge Tanya Chutkan who is overseeing the election interference trial.

John Lauro, the former president’s lawyer, pushed back on Judge Chutkan’s proposed schedule, reminding her that the next two months were going to be “sensitive.”

“It strikes me that what you’re trying to do is affect the presentation of evidence in this case in a way so as not to impinge on the election of the president,” Judge Chutkan told Lauro. “This court is not concerned with the electoral schedule.”

The election interference case has been delayed for months so far because of the former president’s appeals.

One of the main disputes on Thursday was Smith’s request that Judge Chuktan resolve the question about boundaries around Trump’s immunity.

In July, the Supreme Court ruled that presidents enjoy immunity from criminal prosecution regarding their core powers – or powers awarded to the president by the Constitution – and some official acts. But the court did not clarify what those official acts are. It will be up to Judge Chutkan to decide.

Lauro argued that the indictment is flawed because the grand jury heard evidence that included Trump’s conversations with former Vice President Mike Pence, which they believe is part of the protected acts.

Pence gave closed-door testimony to the grand jury in April 2023. That testimony could be part of the unseen evidence which Smith’s team used to bring charges against Trump.