District of Columbia District Judge Tanya Chutkan has denied former President Donald Trump’s request to delay the public release of additional portions of special counsel Jack Smith’s evidence until after the 2024 election. On Oct. 17, she issued an order and opinion arguing that delaying its release would be a form of election interference. “If the court withheld information that the public otherwise had a right to access solely because of the potential political consequences of releasing it, that withholding could itself constitute—or appear to be—election interference,” she said in her five-page order.
Chutkan had authorized the release of the evidence—the appendix to Smith’s immunity motion—in an order on Oct. 10 but delayed its effects for seven days to give Trump an opportunity to evaluate his next steps. In her recent order, she added that the court would issue an order on the following day directing the release of the redacted appendix.
Trump’s attorneys had requested an extension on the delay Judge Chutkan imposed, suggesting instead in an Oct. 17 motion that she should concurrently release both Smith’s appendix and one from Trump’s team.
Chutkan issued an order on Oct. 16 rejecting most of Trump’s requests to compel discovery from Smith’s team. Out of the 14 categories of evidence he requested, Judge Chutkan only granted him three particular sets of information.
Her 50-page order accused Trump’s legal team of using speculative reasoning to justify discovery and repeatedly argued that he failed to show their relevance to his state-of-mind during alleged acts in Smith’s indictment.
Among other requests denied were those for information undercutting a statement by Cybersecurity and Infrastructure Security Agency about election security and records related to Intelligence Community’s assessment about foreign actors’ attempts at influencing elections.
The discovery granted included information reviewed by Director National Intelligence prior his interview with special counsel’s office which disabused Trump’s notion regarding foreign interference changing election outcome as alleged in original indictment against him.
She also acquiesced with Trump’s demand for discovery related “evidence relating unauthorized retention classified documents by Vice President Mike Pence” which could be material impeaching former vice president as witness along with records about security measures conveyed during meeting between Gen Mark Milley Acting Defense Secretary Christopher Miller just days before Jan6th2021
Trump has been given until October30th file any additional motions compel discovery related presidential immunity issue while granting requests related prosecution team giving time till October26th provide materials