U.S. District Court Judge Tanya Chutkan on Friday denied a press coalition motion to unseal redactions made in special counsel Jack Smith’s immunity filings against former President Donald Trump, calling their First Amendment argument “unavailing.”
The press coalition had petitioned Chutkan to unseal more of Smith’s superseding indictment against Trump that alleged his actions in 2020 to overturn the election were private and not official acts of office, the standard set forth by the Supreme Court over the summer.
The coalition asked for more rigid bounds of redactions; those only that were "essential to preserve higher values" and "narrowly tailored to serve that interest," citing the First Amendment.
“The court will deny this Application. In ruling on the Government’s proposed redactions to its Motion, the court explained that they were consistent with both the common-law and First Amendment rights of public access to judicial proceedings,” Chutkan wrote in her 2-page order. “Applicants’ reliance here on the First Amendment is therefore unavailing; it does not compel unsealing any of the redactions that the court has approved.”
Chutkan on Thursday agreed to unseal some of the exhibits that accompanied Smith’s indictment, which could include transcripts, texts, and other evidence prosecutors presented to the grand jury.
Chutkan previously gave Trump’s legal team until Nov. 7 to respond to Smith’s superseding indictment, which removed some of the previous allegations. However, Trump still faces the original four charges from Smith.