Judge Turns The Table On SCOTUS Immunity Ruling To Hammer Trump

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In their ruling on Presidential Immunity over the summer, the Supreme Court said that it would be up to Judge Tanya Chutkan to determine what acts constitute “official” duties of the president in the criminal trial she’s overseeing with Donald Trump. Chutkan used that reasoning to allow special prosecutor Jack Smith to introduce hundreds of pages of new evidence and claims against Trump this week, saying that the Supreme Court put it on her so she has to have the chance to view EVERYTHING possible to make the right call. She flipped their ruling against Trump in the smartest way possible, as Ring of Fire’s Farron Cousins explains.

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*This transcript was generated by a third-party transcription software company, so please excuse any typos.

This week, judge Tanya Chut, who of course is overseeing the January 6th case against Donald Trump, made a ruling that kind of laughs in the face of the Supreme Court's immunity ruling by flipping it around and using it against Donald Trump. So here's what happened. Jack Smith, special prosecutor, of course, wanted to submit a new filing that included hundreds of pages of evidence that had not been previously disclosed to the public and a bunch of other claims, you know, basically new stuff that they've got. And we want to add this to it, but we also want this to be public. So Jack Smith said, not only will I give you this filing that is expected to be more than 200 pages, I'll also make another, basically file for you with all the bad stuff redacted that we cannot release to the public so that you can release some of it to the public.

And you don't even have to do the heavy lifting of going through and figuring out what can and cannot be released. I'll do it for you. Donald Trump's lawyers, of course, objected to this and they said, uh, you know, you can't do this. It's, uh, too close to the election. We need to do it after the election. And Shakim was like, Nope. You know what? The Supreme Court gave me a job to do when they handed down your immunity ruling. And by God, I'm gonna do that job. And part of that job, of course, does include letting this information go into the court record, which then becomes public. And she said, I'm gonna do it. Here it is. Judkins decision allows the Justice Department to put into the court record parts of the investigation against Trump that are not yet publicly known. The brief is due Thursday, which is today.

It's expected to exceed 200 pages, including exhibits, and is meant to convince courts Trump should be prosecuted for alleged obstruction and conspiracy criminal activity. It's a rare avenue for evidence to be aired in court before a trial, but Chakin in a six page opinion said she would allow such an outsized briefing because the Supreme Court in its recent decision to give Trump's actions while, uh, presidential immunity from prosecution, has directed her as the trial judge to look closely at facts in the case to decide if some allegations could move forward to trial. So Chut Ken basically said, listen, if you read that Supreme Court ruling, they literally said, I have the authority in this case to determine what is an official act and what is an unofficial act that can be prosecuted. And I can't make that decision if I don't have everything in front of me. And in order to put everything in front of me, we gotta put it in the court record,

So it's gonna be public. Wow. Now, when this filing gets submitted today, it will immediately be under seal. So we will not immediately have news reports of all of this horrible information that is now public, but she is going to make it public prior to the election over the objections of Donald Trump's people. So maybe it becomes public tomorrow, maybe next week, maybe couple weeks before the election. We don't know it could happen at any point in time. She's gotta go through it first, obviously, make sure everything's okay, including with the redacted version that Smith is also going to file for her. But he did a good job Smith did, of making sure that we're gonna make this as easy for you as possible.