Special counsel Jack Smith is preparing a motion exceeding 200 pages in the case against former President Donald Trump related to the events of January 6. This motion, set to be filed in Washington, D.C. federal court by Thursday, aims to address the Supreme Court's recent ruling on presidential immunity, which clarified that official acts may not be completely immune from prosecution.
The upcoming filing will argue why Trump should still face charges, despite the Supreme Court's decision. Smith has requested permission from U.S. District Judge Tanya Chutkan to submit an oversized motion, which will include over 30 pages of footnotes and classified materials. Smith's office indicated that this comprehensive analysis is necessary for a thorough understanding of the case.
Trump's legal team has voiced opposition to this large filing, suggesting that the court should prioritize discovery motions before addressing the immunity issue. They argue that the Jan. 6 case should be dismissed based on the Supreme Court ruling. Furthermore, they seek additional evidence regarding the Capitol's security situation on January 6 and the presence of any government agents among the crowd.
In a separate matter, Trump's team recently received a delay in responding to Smith's request to revive a classified documents case. The outcome of these legal battles may influence whether Trump appeals any future decisions made by Judge Chutkan or the 11th Circuit Court of Appeals.
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