The Daily Fuckup

Special counsel Jack Smith filed a sealed brief on Sept. 26, 2024, in the federal election-interference case against Donald Trump, keeping the post-immunity fight moving inside the existing case rather than starting a new one. The filing came under the court’s briefing schedule after the Supreme Court issued its immunity ruling on July 1 and after prosecutors filed a superseding indictment on Aug. 27. ([supremecourt.gov](https://www.supremecourt.gov/opinions//relatingtoorders/24?utm_source=openai))

The brief is part of the district court’s effort to sort out what conduct and evidence remain usable after the high court said former presidents have immunity for official acts but not for unofficial ones. That ruling sent the case back for line-by-line separation of protected and unprotected conduct before trial could move ahead on any surviving theories. ([supremecourt.gov](https://www.supremecourt.gov/opinions//relatingtoorders/24?utm_source=openai))

Because the filing was sealed, the public could not yet see the government’s full argument or the material it put before Judge Tanya Chutkan. Prosecutors said they expected to file a redacted version for public release, but only if the court approves the redactions; that step is not automatic. ([justice.gov](https://www.justice.gov/sco-smith?os=a&utm_source=openai))

The practical significance is narrower than a new charging move: this was a procedural filing in a case already reshaped by the immunity decision and the later superseding indictment. But it also shows the government still intended to press the record and keep the case active while the election clock kept running. ([supremecourt.gov](https://www.supremecourt.gov/opinions//relatingtoorders/24?utm_source=openai))