'Up to Chutkan': Analyst says Jack Smith could drop 'bombshell' on Trump if judge lets him

Special counsel Jack Smith could drop a "bombshell" this week on former President Donald Trump if the judge overseeing his federal election interference case lets him, according to a new legal analysis.

New evidence could be revealed about Trump's efforts to overturn the 2020 presidential election just weeks before he faces off against Vice President Kamala Harris in the 2024 race, Forbes reported Tuesday.

The problem? Trump's lawyers don't want the public to see it.

"Trump’s lawyers pleaded with the court on Monday not to allow Smith to file the brief, claiming even before seeing it that it will be a “180-page false hit piece,” Forbes reported.

"[They argue] it’s 'fundamentally unfair' because it will lay out the government’s allegations against Trump before the election without giving the ex-president an immediate chance to respond."

The decision now lies with Tanya Chutkan, the Washington D.C. federal court judge who earlier this month expressed frustration with Trump's lawyers over their earlier attempts to stall Smith.

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"This court is not concerned about the election schedule," she told his lawyers earlier this month. "This case has been pending for more than a year...we're hardly sprinting to the finish line."

Trump's previous delay tactic saw his defense argument reach the Supreme Court, who held onto the case for months before delivering the former president a win in the form of limited presidential immunity ruling.

Now Smith must once again make a case to prosecute Trump based what the new ruling allows, according to Forbes. The filing outlining that case — if Chutkan allows it — is due Thursday.

Her ruling is due "imminently," Forbes reported.

While Trump's lawyers argue the filing could taint the jury pool, former federal prosecutor Joyce Vance argued Sunday the filing is one Chutkan should and could make public.

"It would be judicial malpractice for the court to refuse to let Smith air his case for her consideration as Judge Chutkan prepares to rule on what, if any of it, escapes the broad grant of immunity ordered by the Supreme Court," Vance wrote in her Substack newsletter.

"The government is not required to put all of its case into an indictment but simply to put a defendant on notice of the charges against him that he must be prepared to defend against."

Ultimately though, as Forbes notes, it's all "up to Chutkan."