Jill Wine-Banks, a former Watergate prosecutor, told the SistersInLaw podcast that she believes Judge Chutkan will "rule quickly" on whether the evidence can be unsealed, meaning it could be made public before the election.

"Her history has shown that she acts quickly. So I expect that she will rule quickly enough on this that we could see it," Wine-Banks said.

She added that Smith's brief could include "a pretty good summary of what the facts are that relate to the superseding indictment and why the things that he still has in the charges are all either completely unofficial acts, personal acts of candidate Trump, or why they are rebuttable official acts."