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A judge has granted special counsel Jack Smith’s request to file an “excessive” presidential immunity report on Trump’s 2020 election interference.

The federal judge overseeing former President Donald Trump’s 2020 election interference case on Tuesday approved a request from special counsel Jack Smith allowing him to file an “oversized” brief in response to the Supreme Court’s ruling on presidential immunity.

Smith asked U.S. District Judge Tanya Chutkan for permission to file a “comprehensive” opening brief explaining how the government intends to prosecute Trump in light of the Supreme Court’s July 1 ruling that granted the 45th president absolute immunity for certain presidential acts.

The special prosecutor’s motion filed Saturday indicated that his summary – due to be filed in Chutkan on Thursday – would be “four times” longer than the court’s 45-page limit and would contain a “significant amount of evidence”, including potential new evidence in the case.


Jack Smith
Smith’s response to the Supreme Court ruling on presidential immunity is scheduled to be delivered to Judge Tanya Chutkan on Thursday. The Washington Post via Getty Images

“The length and scope of the government’s proposed justification reflect the exceptionally ‘difficult’ and fact-based nature of these findings,” Judge Chutkan wrote in her ruling, referring to the prosecution’s efforts to apply the Supreme Court’s immunity ruling in the case.

Trump’s legal team opposed the motion, calling Smith’s proposed lawsuit a “monstrosity” and arguing that the government “wants to present its unproven and biased views to the Court and the public as if they were final” just weeks before Election Day.

Last month, Smith filed an indictment against Trump in response to the Supreme Court’s decision on presidential immunity.

Trump, 78, still faces the same four charges that were unsealed last August in connection with his attempt to overturn his 2020 election defeat to Joe Biden, but Smith’s team has reshaped some of its arguments to align with a Supreme Court ruling that the former president enjoys “absolute” immunity from prosecution for certain official actions.


Donald Trump
Trump’s attorneys criticized Smith for attempting to file a 180-page brief. Bloomberg via Getty Images

The former president did not admit to any of the charges brought against him and demanded that the case be dismissed in its entirety.

The case will not go to trial before Election Day, November 5.