Jack Smith will be forced to disclose Trump's game plan this month, lawyer says

Chief Prosecutor Jack Smith will soon be forced to disclose his case of election fraud against Donald Trump, a criminal defense attorney said Newsweek.

Keith B. Johnson, an attorney from Augusta, Georgia, said Smith must present his arguments against Trump at a hearing on Sept. 26, when Judge Tanya Chutkan could review whether the evidence holds up after the Supreme Court ruled on the president's immunity on July 1.

“The court gave prosecutors until September 26 to argue that the remaining counts in the new indictment do not violate the Supreme Court's July ruling on presidential immunity,” Johnson said.

Trump has been charged with four counts of working to overturn the outcome of the 2020 election in the run-up to the riots at the U.S. Capitol on January 6, 2021. The Republican presidential candidate has pleaded not guilty, saying the case is part of a political witch hunt.

The Supreme Court's July 1 decision on presidential immunity granted Trump comprehensive protection from prosecution.

Smith then filed a new indictment before a grand jury that he argued was consistent with the Supreme Court's decision.

Chutkan must now assess whether the new charges are consistent with the Supreme Court ruling.

Newsweek asked Smith's office and the Trump team for comment via email on Thursday.

Johnson said it is rare for a judge to ask prosecutors for a brief outline of all the evidence they plan to present at trial.

“The government has committed to preparing a comprehensive brief containing all of the evidence that prosecutors would rely on at trial, which is rare for prosecutors to disclose before trial. But this demonstrates the importance of this evidentiary hearing,” he said, adding that the hearing “could bring to light previously undisclosed facts that the government intends to use in its prosecution of former President Trump.”

“No one can predict the content of the remaining charges until the administration puts its cards on the table on September 26 and presents its arguments as to why the remaining charges do not conflict with the Supreme Court's ruling on presidential immunity.”

“Trump's legal team will have an opportunity to submit a brief before Judge Chutkan issues her ruling on the enforceability of the government's charges against Mr. Trump,” Johnson said.

He added that regardless of how Chutkan rules on the immunity issue, either prosecutors or Trump will appeal. That appeal will likely end up in the Supreme Court, he said.

At a hearing on September 5, Judge Chutkan stated that she wanted a summary of the evidence in the case from Smith by the next hearing on September 26.

She also expressed concern that the immunity issue would cause too much delay in the proceedings.

“We can all walk and chew gum at the same time,” Judge Tanya Chutkan told Trump's attorney John Lauro during a status hearing on September 5.

Their comments came after a prosecutor said his office would need up to three weeks to prepare the evidence requested by Chutkan.

Trump's lawyers tried to delay the discovery process until the government had prepared its briefs.

“If I give the special counsel the three weeks he requested, why can't you talk about the evidence related to the immunity that was not granted to you?” Chutkan asked Lauro.

Lauro replied: “We need everything we are entitled to before we tackle these problems.”