U.S. District Judge Tanya Chutkan has recently decided to unseal an appendix related to Special Counsel Jack Smith’s extensive filing in the case against former President Donald Trump. However, this decision comes with a notable condition, according to legal analyst Glenn Kirschner.
Trump, currently the Republican presidential nominee, is facing four felony charges linked to attempts to overturn President Joe Biden’s 2020 election win. This controversy eventually led to the Capitol riot on January 6, 2021. The former president has pleaded not guilty, claiming that the prosecution is politically charged.
Chutkan’s ruling allows the public release of redacted documents that support Smith’s arguments, contending that Trump’s alleged actions were private matters rather than duties of his presidency. This follows a U.S. Supreme Court ruling regarding immunity in these types of cases.
In his YouTube show Justice Matters, Kirschner pointed out that “Judge Chutkan’s release order comes with a catch.” Trump’s legal team has just seven days to challenge the unsealing of the appendix.
Trump had raised objections regarding the unsealing, citing concerns over election interference, as mentioned in court documents. Kirschner noted, “Judge Chutkan rejected these objections and has ordered the evidence unsealed, but allows a week for Trump’s team to consider their legal options.”
The order was filed on October 10, giving Trump’s team until October 17 to respond. Some parts of Smith’s filing will remain redacted to safeguard sensitive information and protect potential witnesses.
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Kirschner remarked that Trump’s chances of preventing the unsealing are “slim to none,” emphasizing the legal hurdles involved, saying, “This order isn’t appealable.” He further mentioned that Trump could consider filing a writ of mandamus if necessary.
Chutkan has set a deadline of November 7 for Trump’s legal team to respond to Smith’s filing, just two days after the presidential election.