Smith’s extensive motion, due by Thursday in Washington, D.C., federal court, is expected to focus on overcoming the presidential immunity protections clarified by the Supreme Court ruling on the matter this summer. Meanwhile, Trump gained a reprieve in Smith’s separate classified documents in Florida when a federal appeals court agreed to his request to delay a response over Smith’s bid to revive that case.

Trump’s most pressing legal travails, less than eight weeks before Election Day, surround the two federal cases, both of which could be dismissed by the former president if he wins against Vice President Kamala Harris. But if he loses, Trump stands a chance of spending the next chapter of his life fighting against the threat of decades of prison time.

What is Smith planning to file?

Smith’s planned filing in the Jan. 6 case seeks to address the Supreme Court’s ruling in Trump v. United States, which on July 1 established that official presidential acts are generally immune from prosecution, although not entirely. The special counsel’s motion will discuss the evidence in the case and make an extensive argument as to why Trump should still face charges despite the Supreme Court’s 6-3 immunity decision.

Smith on Saturday requested permission from U.S. District Judge Tanya Chutkan to file an “oversized motion,” exceeding the court’s standard 45-page limit, in addition to more than 30 pages of footnotes and exhibits, some of which involves classified material.

The special counsel’s office said the lengthy brief is necessary for a “detailed, fact-bound, and thorough analysis,” as instructed by the Supreme Court.

Former federal prosecutor Neama Rahmani told the Washington Examiner it’s “unclear” how much new information will be made known to the public, noting Smith’s motion is expected to have “significant redactions” and that much of the evidence was already made public at prior hearings by the now-defunct House Jan. 6 committee.

What do Trump’s lawyers say?

Trump’s legal team has signaled its opposition to the large filing, arguing that the court should first address discovery motions before turning to the immunity question. The former president’s lawyers said they believe the Jan. 6 case should be dismissed in light of how the justices ruled earlier this summer.

Defense lawyers also note prosecutors must submit more evidence, such as records related to the security situation at the Capitol on Jan. 6 and whether there were any “government agents” among the crowd of Trump supporters at the riot three years ago.

The defense team “doesn’t have a good track record” before Chutkan, Rahmani said, while noting Trump’s team does make a “good point.”

“If the key issue in the case is whether Trump’s conduct was official acts, they should be entitled to discovery that supports their position before the court accepts briefing and holds a hearing on the issue,” Rahmani said.

Amid the movement in Chutkan’s court, the former president’s team cited that work to the U.S. Court of Appeals for the 11th Circuit last week, pleading in an unopposed motion that it should have until late October to file arguments over Smith’s separate bid to revive the classified documents case.

During the summer, U.S. District Judge Aileen Cannon ruled that Smith was improperly appointed by Attorney General Merrick Garland, dismissing the 40-count case against Trump.

Will the Supreme Court get involved again?

Whether another appeal in Trump’s criminal cases could rise back up to the Supreme Court greatly depends on how the 11th Circuit interprets Cannon’s decision to dismiss the classified documents case. If the federal appeals court judges sides with Trump, Smith would likely seek the high court’s input.

But numerous legal experts have said Smith has a fairly strong argument, on top of more than 100 years of precedent, to defend his status as a lawfully appointed special counsel.

The real question is perhaps whether Trump will seek to appeal another decision by Chutkan should she side against his defense lawyers’ interpretation of the Supreme Court’s immunity decision from earlier this year.

“When the case makes its way back to the Supreme Court, the justices will likely make a determination as to whether Chutkan and the D.C. Circuit Court of Appeals got it right or wrong” the second time, Rahmani said.

The former prosecutor added he will be “surprised” if the high court does not rule more conclusively on a second immunity case, meaning there would be more finality as to whether Trump can face a trial and charges can be brought against him over the Jan. 6-related conduct.