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to submit a massive filing to the court that would contain evidence supporting the special counsel’s election interference charges against the former president.
Prosecutors for Smith told Chutkan they wanted to submit the mammoth filing, which would be roughly four times the size of a typical court motion, to create a “robust record” of why their indictment should pass the Supreme Court’s immunity test. One question, Trump’s attorneys said, was whether former Vice President Mike Pence’s communication with Trump should be included in the indictment because that activity constitutes official presidential duties and is immunized. Trump’s attorneys have said they believe the entire indictment is reliant on Pence and that if Chutkan agreed to scrap evidence involving Pence from it, that would destroy Smith’s case.
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