WASHINGTON (AP) — A judge will hear arguments Thursday about the potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges.
U.S. District Judge Tanya Chutkan is presiding over the case that charges Trump with plotting to overturn the results of the 2020 election in the run-up to the Jan. 6, 2021 riot at the U.S. Capitol.
Trump is not expected to be present, and it was not immediately clear whether Chutkan will make any rulings Thursday.
Special counsel Jack Smith’s team filed a new indictment last week to strip out certain allegations against Trump, the Republican nominee for president, and comply with the Supreme Court ruling.
Defense lawyers said they intend to file multiple motions to dismiss the case, including one that piggybacks off a Florida judge’s ruling that said Smith’s appointment was unconstitutional.
Neither side envisions a trial happening before the November election, especially given the amount of work ahead.
Chutkan is tasked with determining which of the acts alleged in the indictment can remain part of the case in light of the Supreme Court opinion.
The case is one of two federal prosecutions against Trump.
Smith’s team has appealed that ruling.
Trump’s lawyers say they intend to ask Chutkan to dismiss the election case on the same grounds.
WASHINGTON (AP) — On Thursday, a judge will hear arguments regarding the possible next steps in the federal prosecution of Donald Trump for election subversion. This is the first hearing since the Supreme Court limited the case by holding that former presidents are granted broad immunity from criminal prosecution.
Prior to the status conference on Friday, attorneys for the prosecution and defense put out competing offers. I. s. The case that accuses Trump of attempting to rig the 2020 election results in the lead-up to the January election is being heard by District Judge Tanya Chutkan. 6, 2021 riot at the U.S. s. capital.
Trump isn’t anticipated to be there, and it’s unclear right now if Chutkan will issue any decisions on Thursday.
To remove some of the accusations made against Trump, the Republican presidential nominee, and to comply with the Supreme Court’s decision, the team led by special counsel Jack Smith filed a new indictment last week. His team stated that it was prepared to submit a legal brief at any moment outlining its stance on how to apply the justices’ opinion of immunity to the case.
Defense attorneys stated that they plan to submit several moves to dismiss the case, one of which builds upon a Florida judge’s decision declaring Smith’s appointment to be unconstitutional.
Given the amount of work ahead, neither side expects a trial to take place before the November election. Considering the Supreme Court’s ruling, Chutkan must decide which of the acts listed in the indictment can still be included in the case.
Former presidents are presumed to be exempt from prosecution for all other official acts and are granted complete immunity when performing their core constitutional duties, according to a July ruling by the justices.
The Supreme Court ruled that Trump is immune from prosecution for his attempts to use the Justice Department’s law enforcement authority to maintain his political dominance, a point that Smith’s team addressed in a revised indictment released last week in response to the decision.
There are two federal prosecutions underway against Trump, this one being one of them. The other accused him of unlawfully storing secret material at his Palm Beach, Florida, Mar-a-Lago estate; however, it was dropped in July by U.S. S. Judge Aileen Cannon of the district. Smith’s appointment as special counsel, according to her, was illegal.
Smith’s group has filed an appeal against that decision. Chutkan will be asked to dismiss the election case on the same grounds, according to Trump’s attorneys.
