More evidence in Trump election subversion case released

“If the court withheld information that the public otherwise had a right to access solely because of the potential political consequences of releasing it, that withholding could itself constitute – or appear to be – election interference,” she said.

“The court will therefore continue to keep political considerations out of its decision-making, rather than incorporating them as Defendant requests,” she said.

The documents in question are a redacted appendix to a court filing by Smith earlier this month in the wake of the Supreme Court’s ruling that a former president has broad immunity from prosecution for official acts conducted while in office.

In the filing, Smith said Trump launched a “private criminal effort” to subvert the 2020 election and should not be shielded by presidential immunity.

Trump, 78, had been scheduled to go on trial in March but the case was frozen while his lawyers argued that an ex-president should be immune from criminal prosecution.

Chutkan has not set a new date for a trial, but it will not be held before the Nov 5 election between Trump and Democratic Vice President Kamala Harris.