"The brief due Thursday (9/26) – which is expected to exceed 200 pages, including exhibits, and is meant to convince courts Trump should be prosecuted for alleged obstruction and conspiracy criminal activity — is a rare avenue for evidence to be aired in court before a trial.
Chutkan of the DC District Court, in a six-page opinion, said she would allow such an outsized briefing because the Supreme Court, in its recent decision to give Trump’s actions while president immunity from prosecution, has directed her as the trial judge to look closely at facts in the case to decide if some allegations could move forward to trial."
Smith has been trying to file under seal. He doesn’t want it to be public record yet presumably because that would interfere with the prosecution.