Special Counsel Jack Smith filed a confidential legal brief on Thursday pertaining to the ongoing case against former President Donald Trump for allegedly attempting to overturn the 2020 election results. This filing contains new and sensitive evidence meant to support a revised indictment after a Supreme Court ruling granted significant immunity to former presidents. Prosecutors plan to present detailed factual information, including grand jury transcripts and exhibits, to U.S. District Judge Tanya Chutkan to argue for the validity of the charges against Trump despite his presidential immunity defense.

While the content of the brief remains sealed, there is a possibility that a redacted version may be released to the public in the future, potentially revealing undisclosed allegations from the case just weeks before the upcoming November election. Trump’s legal team has strongly opposed the filing, deeming it unnecessary and expressing concerns about exposing unfavorable details during a critical pre-election period. They argue that the extensive nature of the brief is excessive and liken it to an untimely Special Counsel report.

This legal development follows the Supreme Court’s July opinion establishing that former presidents are generally immune for official acts conducted while in office but not shielded for personal actions. The revised indictment by Smith’s team omits certain claims regarding Trump’s interactions with the Justice Department but upholds the core allegations, such as pressuring Vice President Mike Pence to reject certifying electoral votes. The prosecution contends that activities like Trump’s alleged involvement in a scheme to engage fraudulent electors in pivotal states he lost should not be protected under presidential immunity.

Judge Chutkan now faces the task of determining which accusations retained in the indictment, including the claims about fake electors, constitute official versus private acts that could impact the prosecution’s case. She acknowledges that her rulings are likely to undergo further scrutiny through potential appeals to the Supreme Court.