On October 18, U.S. District Judge Tanya Chutkan released an appendix containing over 1800 pages of evidence that Special Counsel Jack Smith filed in the federal election interference case against Donald Trump. The appendix includes court transcriptions, social media posts, interviews, and other documents, much of which is still redacted. Elie Honig, writing for New York Magazine, noted that Jack Smith’s “proactive filing” of prosecution documents is “backward” from typical criminal trials. Elie Honig, Jack Smith’s October Cheap Shot, New York Magazine, Oct. 3, 2024. Critics say the release of the appendix at this time is prejudicial to Trump and shows the DOJ has bent its own rules in its prosecution of the former president.

On October 10, the district court granted the prosecution’s motion to file sealed documents. Order on Motion for Leave to File, United States v. Trump, No. 1:23-cr-00257-TSC (D.D.C. Oct. 10, 2024), ECF No. 260. The court also granted a temporary stay to give Trump’s defense seven days to respond to the order before it went into effect. Subsequently, Trump’s lawyers filed a motion to extend the temporary stay until November 14, which Judge Chutkan denied. Order on Motion to Continue, United States v. Trump, No. 1:23-cr-00257-TSC (D.D.C. Oct. 17, 2024), ECF No. 265. Trump’s lawyers requested a continuation of the stay so that both parties could concurrently file their respective appendices after Election Day. Trump’s counsel argued that the release of the prosecution’s appendix at this time would prejudice the jury pool against Trump, as well as cause irreparable harm to the former president. Trump’s counsel also argued that the “asymmetric release” of documents supporting the prosecution’s case during early voting gives the appearance of election interference. Motion to Continue Stay of Order at 5, United States v. Trump, No. 1:23-cr-00257-TSC (D.D.C. Oct. 17, 2024), ECF No. 264.

Judge Chutkan ruled that Trump’s reasons for extending the stay do not satisfy the “relevant factors for sealing.” Order on Motion to Continue at 2, United States v. Trump, No. 1:23-cr-00257-TSC (D.D.C. Oct. 17, 2024), ECF No. 265. The court further decided that the need for public access to case documents takes priority over the possibility that releasing the appendix would harm former President Trump. The court also decided that “litigation’s incidental effects on politics” do not constitute election interference, so it will not take the timing of the upcoming election into account when making decisions. Id. at 4.

Trump’s deadline to file a response and a renewed motion to dismiss based on presidential immunity is November 7.