Special counsel Jack Smith is reportedly embarking on a “dangerous path,” as new court documents regarding federal election subversion charges against former President Donald Trump are set to be filed this month, according to analysts.
The case gained momentum on Thursday when U.S. District Judge Tanya Chutkan approved Smith’s timeline for pretrial proceedings, following the Justice Department’s updated indictment against Trump.
Under this schedule, Smith must provide evidence to Trump’s defense team by September 10, coinciding with Trump’s first debate against Vice President Kamala Harris. Additionally, Smith has until September 26 to submit a legal brief, potentially outlining fresh allegations related to Trump’s attempts to overturn the 2020 election results. This filing will arrive less than six weeks before Election Day, as Trump campaigns for a second presidential term.
Legal expert Elie Honig suggested that this brief may present more details about how Trump pressured then-Vice President Mike Pence not to certify electoral votes on January 6, 2021, referencing Pence’s closed testimony before a grand jury earlier this year.
Honig expressed concern on CNN, noting that both Smith and Judge Chutkan appear aligned in their intent to introduce evidence surrounding Trump’s conversations with Pence. However, he pointed out that a Supreme Court ruling in July indicated that such conversations are “presumptively immune,” which may complicate the case if Judge Chutkan allows this evidence to be used.
The revised indictment has already adjusted to align with the Supreme Court’s immunity ruling, with previous claims about Trump leveraging the Justice Department’s authority to contest his election loss being dropped. Trump’s legal team contended that the indictment remains overly broad and pervaded by allegations relating to conversations with Pence.
“We might be looking at an illegitimate indictment from the start,” claimed Trump attorney John Lauro during Thursday’s hearing.
Lauro further criticized the pretrial timeline, citing its unfairness during an election cycle. In response, Judge Chutkan emphasized, “This court is not concerned with the electoral schedule,” and dismissed claims of a rushed process.
Judge Chutkan also acknowledged that any ruling on immunity would likely be appealed, leading to further delays in the case. Trump has pleaded not guilty to all four felony charges, which include conspiracy to defraud the United States and obstruction of an official proceeding related to the 2020 election.