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Special Counsel Files Sealed Brief In Trump Election Case

Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, in Washington. (AP Photo/J. Scott Applewhite, File)

Special counsel Jack Smith has filed a legal brief under seal containing sensitive and previously unseen evidence in the case charging former President Donald Trump with plotting to overturn the 2020 election he lost. The brief, submitted despite objections from the Trump team, aims to defend a revised indictment filed last month to comply with a Supreme Court ruling granting broad immunity to former presidents.

Prosecutors plan to present a detailed factual proffer, including exhibits and grand jury testimony excerpts, to U.S. District Judge Tanya Chutkan to argue that the remaining allegations in the new indictment should not be dismissed. The brief, filed before the deadline, is not currently accessible to the public but may be released in a redacted form later.

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