Jack Smith’s Jan. 6 Case Could Give Donald Trump an October Surprise

A judge has green-lighted prosecutors’ plan to file a report rehashing all of Trump’s conduct leading up to the events on Jan. 6.

Donald Trump

Donald Trump’s defense team entered a not guilty plea on his behalf to the DOJ’s amended charges. Paul Sancya/AP

Donald Trump faces a neatly packaged and nasty October surprise documenting his conduct leading up to the Jan. 6 insurrection from Justice Department special counsel Jack Smith.

After Thursday’s long-anticipated federal court hearing about Trump’s election interference case, the judge overseeing the case demanded prosecutors put together a formal report by Sept. 26 detailing why they believe Trump was acting as a private politician on Jan. 6 and not in his official capacity as president.

Prosecutors proposed filing such a report as a way to move the proceedings forward in light of the Supreme Court’s July opinion granting the former president an extensive and redefined version of presidential immunity.