The federal judge overseeing the election interference case against Donald Trump has directed prosecutors to search for and provide any Justice Department information related to a separate investigation into Mike Pence’s handling of classified documents. Trump’s lawyers argued that this information could be relevant to their defense, showing that Pence may have had an incentive to implicate Trump while facing his own investigation.
Special counsel Jack Smith’s team stated that they had no involvement in the Pence investigation and have no additional information beyond what has been publicly reported. However, U.S. District Judge Tanya Chutkan ordered Smith’s team to search for and produce any additional records on the investigation, as defense lawyers are entitled to cite evidence of a witness’s uncharged conduct to undermine their credibility.
While the judge’s order rejected some of the categories of information that Trump had requested from prosecutors, it did allow for certain information related to Pence and the investigation into the retention of classified documents in his Indiana home. This includes details about Pence’s motives for implicating Trump and any records related to the investigation.
Chutkan also directed prosecutors to produce information related to a meeting Trump had with military officials about security measures at the U.S. Capitol on January 6, 2021, as well as details reviewed by a former director of national intelligence before being interviewed by prosecutors. The judge clarified that information about foreign entities working to influence the American public in 2020 is not relevant to the current case.
It is uncertain when or if the election interference case will go to trial, especially after a Supreme Court opinion in July that granted broad immunity to former presidents and narrowed the scope of allegations against Trump. Chutkan will need to determine which claims against Trump can proceed in the case, likely leading to further appeals.
If Trump is elected, it is expected that his new attorney general will seek the dismissal of the case. The process continues to unfold as the legal battle surrounding the election interference case persists.
