Former President Donald Trump urged Judge Tanya Chutkan on Thursday to postpone unsealing evidence in his criminal case in Washington, D.C., until after the election, arguing releasing the information would unfairly disadvantage him.
Trump’s attorneys asked Chutkan to delay the release for one month, until Nov. 14, so that they could have time to compile their own evidence to counter whatever special counsel Jack Smith had in store and release it at the same time as Smith.
“If the appendices are released simultaneously, at least some press outlets will attempt to report both sides of this case, reducing (although, again, not eliminating) the potential for irreversible prejudice,” Trump’s attorneys wrote. “Similarly, the risk to witnesses will be somewhat reduced, as the public will have a more balanced picture of their testimony and how it connects to this case.”
Chutkan and Smith have drawn scrutiny from some for publicizing a swath of unflattering detail about Trump, the Republican presidential candidate, so close to the election. Former federal prosecutor Elie Honig wrote in an op-ed in New York that Smith flouted the Department of Justice’s policy manual, an “internal bible,” by filing public information that could affect the election.
Trump’s attorneys made a similar argument in their request on Thursday, saying that in addition to the general prejudice Smith’s filings could cause, “the asymmetric release of charged allegations and related documents during early voting creates a concerning appearance of election interference.”
The purpose of Smith’s evidence submissions was to give the special counsel a chance to defend his election interference charges against Trump in the wake of the Supreme Court ruling that presidents enjoy some immunity from criminal prosecution for actions they perform as part of their job duties.
Trump is afforded the opportunity to submit responses that are due within a couple of weeks of Smith’s submissions. While that response time is standard, Chutkan set a rapid schedule that involved both parties submitting their competing documents during the final stretch of the election. The judge has repeatedly said she believes the looming election is irrelevant to the case.
Smith submitted his first batch of evidence, a massive 165-page motion, on Oct. 2. Trump asked for a delay to provide his response to it, and Chutkan granted him a delay until Nov. 7.
Trump’s postponement request on Thursday came after Chutkan also gave Trump a seven-day buffer last week to provide the court with any objections to her unsealing the second wave of Smith’s evidence. If she denies the request, Chutkan is expected to unseal Smith’s evidence later on Thursday.
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In the first filing, prosecutors argued that despite the Supreme Court’s ruling that presidential conduct can be immune from criminal prosecution, Trump’s conduct should not be immune because his actions were private and made in his capacity as a candidate.
The motion included bits of evidence that painted Trump as desperate and deluded in the aftermath of the 2020 election, and it attracted heavy media coverage. The second submission from Smith is expected to included appendices containing similar evidence.