The judge overseeing Donald Trump's federal election interference case granted special counsel Jack Smith's request on Tuesday to file a 180-page brief on presidential immunity, including potential new evidence in the case.
Trump and his lawyers had sought to block the increased length of the brief, but Judge Tanya Chutkan quickly denied the request.
“For the second time in a week, Defendant urges reconsideration of the current pretrial schedule in a brief intended to respond to a separate issue, and without actually filing a motion to that effect,” Judge Chutkan wrote in her decision, adding that “For completeness, however, the court will address more broadly Defendant’s new and sundry arguments about the pretrial schedule, none of which articulate a cognizable prejudice.”
Judge Chutkan set a Thursday deadline for Smith to file his opening brief about how the Supreme Court's ruling on presidential immunity applies to Trump's criminal case related to his behavior and actions leading up to the January 6th Capitol riot and on the day itself.
Smith had filed a request seeking the judge's permission to file an oversized brief, including more than 30 pages of exhibits. Filings are normally limited to 45 pages, but the overwhelming evidence required the extension that Trump's lawyers attempted to block.
The judge had previously dismissed Trump's request to delay the recently restarted proceedings until after the November 5th election, and she did so once again in her Tuesday response.
“Defendant’s concern with the political consequences of these proceedings does not bear on the pretrial schedule,” Judge Chutkan reiterated. “Defendant does not explain how those putative violations cause him legal prejudice in this case, nor how this court is bound by or has jurisdiction to enforce Department of Justice policy,” she concluded.