Trump Tells Judge: Redact More Details in Jan. 6 Case

Attorneys for Donald Trump lashed out in a court filing Tuesday, claiming that special counsel Jack Smith is attempting to “usurp control” of the defense and demanding more redactions in Smith’s brief laying out evidence in the former president’s election subversion case linked to the Jan. 6, 2021, insurrection.

Trump’s attorneys claim that Smith’s brief was “politically motivated” and could influence the outcome of November’s presidential election as Trump seeks to retake the White House.

“The [special counsel’s] Office wants their politically motivated manifesto to be public, contrary to the Justice Manual and longstanding DOJ norms in cases not involving President Trump, in the final weeks of the 2024 Presidential election while early voting has already begun throughout the United States,” Trump attorneys John Lauro and Todd Blanche wrote in a seven-page motion.

“Having criticized President Trump for, according to the Office, trying to ‘litigate this case in the media’ and ‘improperly press his case in the court of public opinion’ … the Office is seeking to do just that, in violation of the very restrictions they previously claimed were essential to the ‘fair administration of justice.’”

The Justice Department typically follows long-standing norms — rather than policy or official rules in its manual — around not taking any drastic actions that may affect an election within 60 days.

Trump has been accusing Smith of election interference since he was first indicted in the case. Federal prosecutors have pushed back on this assertion, noting that his initial indictment was made over a year ago.

But with time running out, Trump says he wants a court in Washington, D.C., to force Smith to redact “all references to the titles and positions held by the witnesses who are not specifically named” in a superseding indictment released after the Supreme Court’s recent decision on presidential immunity from criminal prosecution.

Smith last week filed his brief under seal, laying out evidence that prosecutors say they can still use in the election subversion case following the immunity ruling.

Smith’s brief may contain a significant amount of evidence or other sensitive details, including witness information and testimony about key elements underpinning the charges Trump faces. His superseding indictment eliminated details and statements about Trump’s alleged conduct in the Oval Office on Jan. 6, 2021, including those from key advisers and officials about what was going on while a mob of Trump supporters stormed the U.S. Capitol.

Trump also wants the court to force Smith to explain why the Justice Department’s disclosure of witness statements is “consistent with the risks of witness safety, potential juror taint, and the integrity of the proceedings that they have cited previously to this Court and in the Southern District of Florida.”

As HuffPost previously reported, there is a chance that the brief could be released before the November election, but that will be up to U.S. District Judge Tanya Chutkan to decide. Trump’s lawyers have previously resisted attempts to expose evidence in the case before the election, but Chutkan has often said that the court’s schedule will not be dictated by Trump’s “day job” campaigning for the White House.

Whatever Chutkan decides, it is a near certainty that Trump’s legal team will appeal the matter to the Supreme Court.