U.S. District Judge Tanya Chutkan denied former President Donald Trump’s request to postpone the public release of special counsel Jack Smith’s evidence related to the January 6 investigation.
The evidence is scheduled to be released on Friday.
Trump’s legal team had sought a delay until November 14, arguing that additional time was necessary to prepare their own evidence to counter Smith’s findings.
They proposed that releasing both parties’ appendices simultaneously would provide the public with a more balanced perspective.
“If the appendices are released simultaneously, at least some press outlets will attempt to report both sides of this case, reducing (although, again, not eliminating) the potential for irreversible prejudice,” Trump’s attorneys stated in their motion.
However, Judge Chutkan rejected the request, pointing out that withholding information due to potential political consequences could itself be viewed as election interference.
“If the court withheld information that the public otherwise had a right to access solely because of the potential political consequences of releasing it, that withholding could itself constitute—or appear to be—election interference,” she wrote in her five-page order.
She further clarified that the court would not consider political factors in its decisions. “The court will therefore continue to keep political considerations out of its decision-making, rather than incorporating them as Defendant requests,” Chutkan added.
Addressing concerns about the potential impact on the jury pool and witness safety, Judge Chutkan noted that such issues could be managed during the jury selection process. She described the defense’s argument that delaying the release would enhance public understanding as “oxymoronic.”
Trump’s legal team expressed concern that releasing the special counsel’s evidence without their counterarguments could lead to a biased public perception. They stressed the importance of ensuring that the public receives a comprehensive view of the case to mitigate potential prejudice.
The dispute centers around the appendix to Smith’s immunity motion. Judge Chutkan had initially authorized its release on October 10 but granted a seven-day delay to allow Trump’s team to evaluate their options.
As the release date approaches, the former president’s attorneys continue to advocate for a fair process that allows them to present their evidence concurrently with the special counsel’s findings.