Democrats have consistently downplayed allegations that there is a targeted “lawfare strategy” designed to keep Donald Trump busy in court and out of the Oval Office. Jack Smith, tasked with finding something – anything – that would take Trump out of the equation, has been more than happy to comply with the “nonexistent” targeting of a political rival on the national stage. 

Smith, the special counsel, recently filed a revised indictment against Donald Trump in the January 6 case, with just over 60 days left before Election Day. Smith aims to run a “paper trial” that coincides with early voting in several states. This strategy could allow him to bring his legal arguments into the spotlight as people start voting. 

On Saturday, Smith asked Judge Tanya Chutkan to let him exceed the usual page limits in court filings. Usually, opening motions and responses can be up to 45 pages, with replies at 25 pages. However, Smith’s proposed brief could be 180 pages long, much larger than what is typically allowed. He wants to present this document as an “opening brief” for the January 6 case on Thursday. 

Trump’s legal team strongly opposes this lengthy brief, arguing that it is highly irregular. Even Judge Tanya Chutkan admitted that Smith’s request goes beyond the usual rules for court proceedings. Despite this, she allowed the exception. Chutkan, appointed by Obama, has a history of making anti-Trump statements. She is determined to push the case forward. 

Smith’s brief will likely argue that Trump’s actions, as cited in the revised indictment, were personal or private rather than official duties. According to a recent Supreme Court ruling, these actions aren’t protected by immunity.  

CNN Legal Analyst Elie Honig is not a Trump supporter by any stretch of the imagination. However, Honig has been heavily critical of Jack Smith’s continued pursuit of Trump in his now-defunct January 6 case. 

In an article from New York Magazine, former federal prosecutor Honig criticized Special Counsel Jack Smith’s updated case against former President Trump. Honig called Smith’s approach a “reckless gamble” and warned that the case would likely fail in higher courts. Honig argued that Smith ignored guidance from the Supreme Court in the Trump v. US ruling, which dealt with presidential immunity. According to Honig, this decision has left Smith’s case on shaky ground and could cause significant problems as the case progresses. 

Smith’s case revolves around Trump’s alleged attempts to overturn the results of the 2020 election, specifically his alleged “role” on January 6, 2021. The Supreme Court recently ruled that conversations between Trump and former Vice President Mike Pence were “presumptively immune” from prosecution. Despite this, Smith kept these conversations in his revised indictment. Honig pointed out ignoring the court’s guidance could seriously harm Smith’s case. 

Honig didn’t stop there. He went on to highlight Smith’s past failures as a prosecutor. Despite being praised when appointed special counsel in 2022, Honig reminded readers that Smith has lost several high-profile cases. This includes failed prosecutions of Virginia Governor Bob McDonnell, former North Carolina Senator John Edwards, and New Jersey Senator Bob Menendez. Honig also mentioned Smith’s recent losses at the Supreme Court, including the court’s ruling on immunity and a case that affected two of the four charges in Smith’s current indictment against Trump. 

In a typical trial, the defense responds quickly to the government’s claims. However, Trump’s legal team will need weeks to review the massive document before responding. Chutkan has set a tight schedule that lines up with the final days of the 2024 election. She told Trump that he had to respond to the brief by October 17, and then Smith would have until October 29 to respond to Trump’s response. 

 NBC legal analyst Barbara McQuade, who wrote a book on “disinformation,” said Smith plans to present a “mountain of evidence” against Trump. Her colleague, Lisa Rubin, also seemed thrilled about Smith’s filing, telling people to “steel yourself” in response to the motion. 

However, Donald Trump won’t be able to respond to the brief, thanks to a gag order from Chutkan, Trump will be unable to defend himself. Last year, Chutkan issued an order that prevents him from commenting publicly about witnesses who may be involved in the investigation or trial. 

With this filing, Jack Smith has lost his last semblance of political ambiguity, and Chutkan has revealed herself as nothing more than another weapon in the Democratic arsenal. Consider this your early warning – the October surprise is in place, and it might be as devastating to Trump’s campaign as phony mail-in ballots.