Criminal Justice & the Rule of Law Democracy & Elections Executive Branch

Chutkan Unseals Four Volume Appendix to Smith’s 165-Page Immunity Filing

Katherine Pompilio
Friday, October 18, 2024, 11:46 AM
The unsealed portions of the appendix include interview transcripts, memorandums, handwritten notes, and more.

Published by The Lawfare Institute
in Cooperation With
Brookings

On Oct. 18, U.S. District Judge Tanya Chutkan unsealed the four volume redacted appendix to Special Counsel Jack Smith’s 165-page motion for immunity determinations in the Jan. 6 case against former President Donald Trump. 

The unsealed portions of the appendix include public tweets and retweets from Trump and others, memorandums detailing the fake electors plot and president of the Senate strategy, handwritten notes from meetings prior to Jan. 6, 2021, raw emails, text messages, letters, transcripts of televised interviews, Jan. 6 committee interview transcripts, transcripts of Trump’s phone calls with state officials, and more. 

Smith’s filing came in response to the Supreme Court’s July 1 ruling on presidential immunity, which affords the executive immunity from criminal prosecution for “official acts.” Smith’s Oct. 2 motion—which aimed to persuade Chutkan that the Supreme Court’s ruling still allows for Trump’s prosecution for his alleged efforts to overturn the results of the 2020 election—revealed a new tranche of evidence against the former president. As Lawfare editors wrote of the filing, “It’s the closest the public will likely come to understanding the details of the Jan. 6 prosecution before voters head to the polls. And it provides insight into how Smith is hoping to navigate the obstacle course of the immunity decision as he moves forward with the case.”

You can read all four volumes of the redacted appendix below.

Volume I:

 

Volume II:

Volume III:


Katherine Pompilio is an associate editor of Lawfare. She holds a B.A. with honors in political science from Skidmore College.

Subscribe to Lawfare