District Judge Tanya Chutkan unsealed on Wednesday a 165-page filing from Biden-Harris administration special counsel Jack Smith regarding upcoming presidential immunity proceedings in the January 6 case against Trump.
Smith argued that Trump did not have presidential immunity for the crimes the DOJ alleges Trump committed, as "his scheme was fundamentally a private one."
On July 1, the Supreme Court issued its ruling on presidential immunity, an issue raised by Trump's team in the January 6 case.
The high court ruled that a president has immunity for official acts, but not for unofficial ones, and handed the case back to the lower court to determine what is official and unofficial about the actions in the case.
Smith noted that the Supreme Court ruling held that presidents have immunity for certain official acts, including Trump’s communications with the Department of Justice, and the case was handed back down to determine whether the remaining allegations in this case constituted as an immune action.
Trump’s team opposed the move to file the document publicly, and Chutkan granted Smith’s request to do so.
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