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The judge in Donald Trump’s alleged election fraud case is likely to allow prosecutors to make their evidence public next month.
On Friday, Washington, D.C judge Tanya Chutkan set a detailed schedule for the release, including allowing Trump to submit any objections.
She was responding to a submission by prosecutor Jack Smith, who wrote that October’s release would include “quotations or summaries of information” from sensitive sources such as ‘grand jury transcripts, interview reports, or material obtained through sealed search warrants,’ while redacting some information, such as the names of witnesses who could be ‘intimidated and threatened” by Trump supporters.
Smith wants their names to remain secret as any intimidation could have a “chilling effect” on their testimony, according to his filing.
Trump is accused of conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction and attempting to obstruct an official proceeding; and conspiracy against rights in connection with an alleged pressure campaign against former Vice President Mike Pence and state officials to reverse the 2020 election results.
Trump has denied all charges against him and repeatedly said he is the victim of a political witch hunt. He has accused Smith of attempting to interfere in the 2024 presidential election by prosecuting him.
Newsweek emailed the Trump campaign on Monday for comment.
Judge Chutkan’s decision came after Smith submitted a sealed 180-page brief on Thursday outlining the government’s evidence against Donald Trump. On Friday, he filed a motion to publicly release the evidence.
The 180-page filing will set out what evidence prosecutors have against Trump and also includes an appendix with more information.
The evidence has been reshaped in light of the Supreme Court’s July 1 presidential immunity ruling, which gave Trump broad protection from prosecution.
It is unusual for prosecutors to release their evidence pretrial, but the Supreme Court has said that the evidence should be viewable so that Chutkan can assess whether it complies with the presidential immunity ruling.
Under the terms of Chutkan’s scheduling order, Trump has until October 1 to file a sealed copy of his objections to Smith’s redacted version of the 180-page file.
She also gave him until October 10 to file objections to the appendix that comes with the filing.
In late August, Smith filed an updated indictment of Trump, reshaping the case to comply with the Supreme Court’s ruling granting immunity to sitting presidents when conducting certain “official” acts.
The new indictment removes all accusations leveled against Trump regarding attempts to pressure the Department of Justice to falsely declare that President Joe Biden’s 2020 election win was the result of massive fraud, after the Supreme Court ruled that was official conduct.
A list of unnamed co conspirators has been reduced and the phrase “private attorney” now describes the unindicted lawyers who allegedly helped Trump pressure officials to overturn results.
It also removes all references to Trump as the 45th President of the United States and instead refers to him as a “candidate for President.”