Special Counsel Jack Smith’s latest filing in the D.C. election subversion case against Donald Trump contains what a former prosecutor describes as a critical “money line” that may significantly impact the case’s trajectory. The filing, which was made in response to directions from Judge Tanya Chutkan, has drawn attention for its potential to shape a major issue in the ongoing criminal proceedings.
Former federal prosecutor Glenn Kirschner recently highlighted the importance of this filing during an analysis over the weekend. According to Kirschner, the filing pertains to Trump’s criminal case in Washington, D.C., where he faces four felony charges related to his attempts to overturn the results of the 2020 presidential election. The filing includes a crucial sentence that Kirschner believes could determine whether the American public learns more about Trump’s alleged involvement in the January 6 events before the 2024 election.
Kirschner points out that Smith’s filing suggests the court should address the question of presidential immunity before moving forward with the case. This approach, he argues, could be decisive in the broader context of the trial. Kirschner specifically emphasizes what he calls the “money line” in the joint court filing, quoting it as follows:
“The Government proposes that it file an opening brief in which it will explain why the immunity set forth in Trump does not apply to the categories of allegations in the superseding indictment or additional unpled categories of evidence that the Government intends to introduce at trial and will proffer in its brief,” prosecutors wrote.
This sentence, according to Kirschner, “will determine” whether the American people will have access to more information about Trump’s actions related to the 2020 election before they cast their votes in the 2024 presidential election. Kirschner further breaks down the significance of this statement, translating it from “legalese” to underscore its potential impact on the case.
The outcome of this legal argument over presidential immunity could have far-reaching implications for both the trial and the public’s understanding of Trump’s role in the events leading up to and following January 6. As the case progresses, this key sentence in Smith’s filing may prove to be a pivotal moment in the ongoing legal battle.