Judge Tanya Chutkan will unseal a new tranche of evidence in Donald Trump’s election-fraud case on Friday—despite impassioned pleading from the former president’s lawyers that it could damage his presidential campaign.
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 on state officials to reverse the 2020 election results.
Trump has pleaded not guilty to all charges against him and repeatedly said he is the victim of a political witch hunt. He has accused Jack Smith, chief prosecutor, of attempting to interfere in the 2024 presidential election by prosecuting him. Newsweek sought email comment about the evidence release from Trump’s attorney on Friday.
Here’s what we know so far:
The Release
Chutkan, the judge overseeing Trump’s election-fraud case, will unseal an appendix of evidence, which may include explosive new information about how the Republican nominee allegedly tried to overturn the result of the 2020 election.
Are Democrats Excited About the Release?
Absolutely. Trump’s lawyers did everything they could to stop the release, knowing its potential.
As his legal team pointed out in a written motion to Chutkan on Thursday, Kamala Harris is using evidence that was unsealed on October 2 as part of her presidential campaign in YouTube videos that attempt to discredit Trump. His lawyers fear that she will be able to use their new release to her benefit.
Spencer Platt/Getty Images
What Did That October 2 Release Contain?
The 165-page evidence brief contained huge new pieces of information about Trump’s alleged activities during the January 6, 2021 U.S. Capitol riot.
The brief included his alleged indifference to the fate of then-Vice President Mike Pence as pro-Trump rioters hunted for him in the Capitol.
It revealed that the Republican nominee tweeted a comment about Pence not being brave enough to stop the certification of the election, as Trump supporters were trying to break through police lines. The evidence brief said that one rioter read out Trump’s tweet over a bullhorn to encourage others to break through the police lines and find Pence.
The document says that, one minute after Trump tweeted, Pence was evacuated from the House of Representatives, where he was certifying Joe Biden’s win in the presidential election.
It also showed that Trump had tried to get support for a flawed report into alleged voter machine fraud in Michigan. The chairwoman of the Republican National Committee refused to publicize the report and told Trump the report was “f***ing nuts.”
Why Is Friday’s Release So Significant?
Chutkan will unseal an appendix to the 165-page evidence brief. That appendix has never been seen by the public and contains much more detail about the evidence. It will color in much of the detail of the government’s case.
Will it Be Redacted?
Yes, we can expect black lines over names or names omitted. However, as with the October 2 evidence brief, it won’t be difficult to work out the identity of many of the people involved, given that they are referred to by their job titles. Their role in alleged election interference can be worked out from information in the public domain.
Why Release It at All?
Ironically, it was Trump’s huge victory in the Supreme Court that has compelled Chutkan to release the evidence.
On July 1, the Supreme Court ruled that presidential immunity gave Trump wide protection from prosecution.
In his ruling, Chief Justice John Roberts wrote that the evidence in the election-fraud case should be known early so that the courts can assess if it fits the Supreme Court’s definition of presidential immunity. The first tranche of evidence was released the next day, despite the objections of Trump’s lawyers.
Could Friday’s Release Help Trump in the Long Run?
Yes. Once the evidence is known, Trump’s lawyers will have the power to challenge it all the way to the Supreme Court.
Smith has already been forced to write a new indictment to fit the Supreme Court immunity model. This second indictment focuses on Trump’s private, rather than presidential, actions. His lawyers have already said that some of the October 2 evidence comes under presidential immunity, and Friday’s evidence release may help them build that case.
