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By Flynn Nicholls
US News Reporter
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In a new twist in the federal election interference case against former President Donald Trump, special counsel Jack Smith has submitted a mystery document, hidden from the public and Trump's lawyers.
The filing was made in the U.S. District Court for the District of Columbia, where Judge Tanya Chutkan is overseeing the case.
A Wednesday court notice shows that Smith filed a document titled "Government's Classified, Ex Parte, In Camera, and Under Seal Notice Regarding Classified Discovery," a formal way of saying the Department of Justice (DOJ) has submitted a confidential document that contains classified information in the case.
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Here's a breakdown:
- Classified: The document includes sensitive or secret information that is restricted from public access for security reasons.
- Ex Parte: This means the document was submitted by the government without notifying the defense. Only Chutkan is informed, and the defense does not get to see it.
- In Camera: Chutkan will review this document privately, without the presence of either party's lawyers.
- Under Seal: The document is kept completely confidential—it cannot be accessed by the public or other parties involved in the case.
Smith's team is prosecuting Trump on charges related to his alleged efforts to interfere with the results of the 2020 presidential election.
Background of the Case
This latest development comes just days after Chutkan granted Trump's request to waive his presence at an upcoming arraignment following a new indictment in the case.
The indictment comes after the July ruling by the Supreme Court that refined the boundaries of presidential immunity, leading to Smith revising the original indictment against Trump.
The revised indictment narrows its focus to Trump's actions as a private citizen, rather than official acts performed during his presidency. Trump, who has repeatedly denied wrongdoing and described the prosecutions against him as politically motivated, faces four counts of criminal charges for allegedly attempting to undermine the legitimate results of the 2020 election, including in his alleged involvement in the January 6, 2021, Capitol riot.
On Thursday, Trump, who was not in court, entered a not guilty plea to the revised charges through his team of lawyers. Chutkan will be setting a court timetable for the new charges to progress to trial.
MSNBC contributor Adam Klasfeld, who is in the court room, reported that Chutkan shut down Trump lawyer John F. Lauro, who was arguing that a too-hasty timetable would interfere with November's presidential election.
"We're talking about the presidency of the United States," Lauro said.
"I'm not talking about the presidency of the United States," Chutkan replied. "I'm talking about a four-count criminal indictment."
Update 9/5/24, 11:33 a.m. ET: This story was updated with additional information.
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