Jack Smith's appendix of evidence to be released Friday after 'devastating' opinion
The federal judge overseeing Donald Trump's election interference case in Washington, D.C. released a "devastating" five-page opinion on Thursday night that will allow for the release Friday of an appendix full of evidence the former president, according to a former federal prosecutor.
Judge Tanya Chutkan last week ruled that she would make special counsel Jack Smith's appendix public, but allowed Trump time to weigh his options. On Thursday, he requested to delay her pause in the case until Nov. 14 — after the election. Late Thursday, the judge swatted away the attempt in what former Alabama federal prosecutor Joyce Vance called a "devastating" opinion.
In her newsletter, "Civil Discourse," Vance highlighted "old school" Chutkan's key points worth noting, including that the public ought to have access to "all facets" of criminal proceedings.
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"Documents should only be kept under seal where the circumstances of the case or interests of the parties outweigh the public’s—and the press’s—First Amendment rights," Vance wrote.
Trump sought to keep the appendix of evidence sealed but failed to persuade the judge, who laid out six factors that courts can use to test whether such evidence ought to be kept sealed. Instead, he cited other arguments — which she "swats aside" — including that future jurors could become tainted by Smith's evidence and that the public shouldn't be misled by the Supreme Court's presidential immunity ruling by "one-sided submissions."
"Judge Chutkan has a reputation for being efficient and no-nonsense. She lives up to it here," wrote Vance.
She later added: "Tomorrow, Jack Smith’s appendix becomes public."