Legal expert: 'New and important evidence' expected to come out of Jack Smith’s latest proposal

CNN legal analyst Elie Honig is predicting that "new and very interesting evidence" could soon come out of special counsel Jack Smith's election interference case against Donald Trump.

Honig's prediction came after presiding Judge Tanya Chutkan on Tuesday granted Smith his proposal to submit a brief containing 180 pages of information related to the case.

"Walk us through what specific information and evidence we'd be likely to see when this is released," CNN's Jim Sciutto said to Honig. "And would it be new evidence we haven't seen before?"

READ MORE: Jack Smith to reveal new Trump evidence 'the American people do not yet know about': expert

The legal expert replied, "I think the answer is yes, Jim, we are about to see some new, important evidence from Jack Smith. Now, this whole dispute arises in the context of the question of, does Donald Trump have criminal immunity from prosecution? We know he does, but now the question is, how much does he have? That's based on the Supreme Court's opinion that came out back in July. What the parties are trying to do now is litigate that question. Jack Smith said, 'Okay, the normal maximum for a brief here is 45 pages under the rules.' But he asked for special permission to file a brief four times that size — 180 pages."

"Yesterday, Donald Trump objected to that," Honig continued. "He said it would violate my rights. It would harm me with the jury pool. It could harm me in the election. And today, Judge Chutkan said, essentially, I don't so much care about those concerns. I'm giving Jack Smith the right to file a brief up to 180 pages. And Jim, I think we're going to see all sorts of new and very interesting evidence attached to Jack Smith's filing when it comes in on Thursday."

Sciutto then said, "Trump's team, as you note, argued it would be unfair politically. How did Judge Chutkan answer that argument?"

"She rejected that argument out of hand," Honig replied. "Essentially, Donald Trump's team was arguing DOJ is violating its own policy — its own policy that you don't take steps to close to an election that might influence that election. And Judge Chutkan's response, essentially, is, 'Why is that my concern? I am here as a judge. I'm part of the judicial branch. DOJ is over there in the executive branch. I don't make their policy for them. I'm not responsible for enforcing it.' So she rejected that argument. It's part of the reason why she came out the way she did."

READ MORE: Jack Smith’s 'brilliant maneuver' has 'shifted' election indictment: ex-federal prosecutor

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