What’s ahead

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For now, we expect the most action to happen in the D.C. case as Chutkan determines which allegations in the indictment are allowed to be prosecuted under the Supreme Court’s new definition of presidential immunity.

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Trump’s lawyers have a Thursday deadline to make any objections to Smith’s proposed redactions for the lengthy appendix to his filing, which could include references to sensitive source information such as witness interview transcripts. Chutkan moved pretty quickly to unseal the bulk of the 165-page filing last week once both sides offered their proposed redactions. So she could unseal the appendix — with whatever redactions she decides on — soon after this week’s deadline.

Chutkan also must decide what — if any — additional discovery prosecutors need to hand over to Trump’s attorneys. Discovery is evidence that prosecutors have collected and are required to hand over to the defense so they can build their case. Trump’s attorneys have said prosecutors should give them more evidence as they challenge claims that certain allegations in the indictment can still be prosecuted under the Supreme Court’s expanded definition of presidential immunity.

Now, a recap of last week’s action.

D.C.: Federal case on 2020 election

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The details: Four counts related to conspiring to obstruct the 2020 election results.

Last week: In response to the Supreme Court immunity decision, prosecutors filed a superseding indictment in August against Trump — which charged him with the same four crimes, but with whittled-down evidence. On Wednesday, the judge unsealed Smith’s much anticipated filing that explained why the evidence in the superseding indictment should be considered private acts that can be prosecuted, rather than official acts that are immune from prosecution.

The filing lays out more extensively than before how many people told Trump there was no proof the election was stolen as he waged a campaign to overturn Joe Biden’s victory. In one striking detail, Smith said Trump allegedly said “So what?” when an aide told him Vice President Mike Pence had been taken to a secure location as violence unfolded at the U.S. Capitol on Jan. 6, 2021.

In another instance, Smith alleges that a White House staffer overheard Trump telling family members: “It doesn’t matter if you won or lost the election. You still have to fight like hell.”

And the new filing also highlights how some within Trump’s orbit tried to stifle those who said he lost the election. When Trump attorney Rudy Giuliani found out the chief counsel of the Republican National Committee sent an email urging colleagues not to back claims of a stolen election, Giuliani allegedly sent him a threatening voicemail.