(WASHINGTON) — Former President Donald Trump’s attorneys have asked the judge overseeing his federal election interference case to further delay the release of a redacted appendix containing evidence amassed by special counsel Jack Smith in his probe of Trump’s efforts to overturn the 2020 election, according to a Thursday morning court filing.
The release of the redacted appendix, which was an attachment to the immunity motion unsealed two weeks ago by U.S. District Judge Tanya Chutkan that included new details about Trump and his allies’ actions leading up to the Jan. 6 assault on the Capitol, is currently scheduled for Thursday.
In their motion Thursday, Trump’s attorneys requested that Chutkan delay the release of the appendix until Nov. 14 — after the presidential election — when Trump’s own reply brief appendix is due. The former president is expected to argue that his actions leading up to and on Jan. 6 should be immune from prosecution.
“Here, President Trump requests only that the Court briefly continue its existing stay of the Order, such that the redacted versions of the SC Appendix and President Trump’s forthcoming appendix may be released concurrently,” the filing said. “Although this 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.”
“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,” the filing said.
The filing includes arguments that could draw direct a rebuke from Judge Chutkan, after she previously warned Trump’s attorneys to not level any further allegations of partisanship at Smith’s team without providing evidence.
Trump’s attorneys also argue that while Chutkan has previously said the election will play no role in her decisions in the case, she should address “the public’s interest in ensuring that this case does not unduly interfere, or appear to interfere, with the ongoing election.”
Smith did not respond to Trump’s request for a delay, the filing says.
Trump last year pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in order to remain in power.
Smith subsequently charged Trump in a superseding indictment that was adjusted to respect the Supreme Court’s July ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken as president.
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