In a surprising turn, Special Counsel Jack Smith has found himself in the center of a controversy. Just over a month before this year's election, one of his filings was made public by a judge. Former President Donald Trump and his team claim that Smith broke long-standing rules set by the Justice Department. They say he included new info about Trump's attempts to change the 2020 election results in an unsealed document. But here's where things get interesting: it wasn't Smith who decided to release the filing, but a federal judge named Tanya Chutkan. She did this as part of an ongoing criminal case she's overseeing. Smith didn't even know that Judge Chutkan would make this call and make the contents public.

Some people have compared Smith's actions to what happened with FBI Director James Comey in 2016. But there are big differences: Comey made negative comments about a candidate who wasn't found guilty of a crime. In contrast, Smith has secured three separate indictments against Trump from different federal grand juries. This new indictment came just before the "60-day rule" – a guideline that suggests prosecutors should avoid actions against candidates close to an election.

Even with this new indictment, there were still details to sort out about what evidence could be used in the case. The Supreme Court left it up to Judge Chutkan to make these decisions based on specific facts. Smith was given a deadline of September 26th to file his opening brief. Because this included sensitive information like grand jury and witness details, he had to file it under seal last week. After Trump's team complained about the redactions proposed by Smith's team, Judge Chutkan reviewed the brief and decided that those redactions were appropriate.

Trump took to his social media account on Thursday to argue that the Justice Department shouldn't do anything that could interfere with an election in the 60 days before it. He claimed they broke their own rules, which he says he didn't do. But remember, the 60-day period usually doesn't apply to judges or pending cases.

Smith's team believes Trump is a criminal who committed four felonies as part of a conspiracy to change the 2020 election results. They think his conduct warrants a longer sentence, hoping he serves it in 2025 rather than in the White House again. Prosecutors are deeply offended by Trump's attacks on the Justice Department, which they say show a lack of remorse and disrespect for the law.

So, while Trump's team says Smith broke rules by making his filing public, it was actually a judge who decided to unseal it as part of an ongoing case. The real question is: should negative info about a president ever come out before an election?

TANYA CHUTKAN

Jack Smith: Caught in Election Controversy?

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