It appears that U.S. District Judge Tanya Chutkan and Special Counsel Jack Smith are not done yet in releasing material in advance of the election.
In a previous column, I criticized the release of Smith’s 180-page brief before the election as procedurally irregular and politically biased, a criticism shared by CNN’s senior legal analyst and other law professors.
The brief clearly contains damning allegations, including witness accounts, for Trump.
Nevertheless, on Thursday, Judge Chutkan agreed to a request from Smith to unseal exhibits and evidence in advance of the election.
What may look like simply an adversarial process to some looks like oppo research to others.
The objection to the release of the brief was not a defense of any actions taken on January 6th by the former president or others, but rather an objection to what even the court admitted was an “irregular” process.
If there is one time where a court should err on the side of avoiding an “irregular” process, it is before a national election.
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