Jack Smith signals next move on Donald Trump’s immunity case

Department of Justice (DOJ) Special Counsel Jack Smith said in court documents filed Saturday that the government’s brief in the federal election overturn case against former President Donald Trump will not exceed 180 pages.

The preliminary memorandum on the presidential immunity claim, which must be filed with U.S. District Judge Tanya Chutkan by September 26, is expected to consist of half a “detailed factual proposition” and will include about 30 pages of “extensive footnotes to the exhibit.”

Given the “significant amount of confidential material” to be filed, the government proposed a redacted version to be later placed on the public record.

Trump, the Republican presidential candidate, has been charged in Washington with four counts of allegedly working to overturn the results of the 2020 election in the lead-up to the riot at the U.S. Capitol on January 6, 2021. The four counts include conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing an official proceeding and conspiracy to violate rights.

The former president has pleaded not guilty and said the case was part of a political witch hunt. A New York jury in May found Trump guilty of 34 felonies in his bribery trial. He is awaiting sentencing, which won’t come before the November election.

Newsweek filed a contact request with the Justice Department and contacted Trump’s lawyer by email Saturday evening.

In a 6-3 ruling on July 1, the U.S. Supreme Court said presidents have broad immunity for official actions. The court added that presidents have absolute immunity for basic political actions and some immunity for other actions committed as president, but no immunity for strictly private conduct. It also ruled that official actions cannot be used as evidence in a lawsuit against a president for unofficial actions.

The ruling prompted Smith to seek a monthlong delay to reassess the government’s case. He then filed a superseding indictment that placed greater emphasis on Trump as a candidate rather than as president. It also dropped the allegation that Trump pressured Justice Department officials to help overturn the 2020 election results.

Lawyers for both sides have filed numerous motions in recent months, including Trump’s lawyers to dismiss the case.

Chutkan recently chided Trump’s lawyers when he granted them an extension to a missed filing deadline, saying, “In the future, parties should seek any necessary extensions of time prior to the deadline.”

Update 9/21/24 6:02 PM ET: This article has been updated with additional information.