WASHINGTON — A judge will hear arguments Thursday about possible next steps in federal election fraud prosecution of Donald Trump in the first hearing since the Supreme Court the case reduced by determining that former presidents are entitled to broad immunity from criminal prosecution.
Prosecutors and defense attorneys submitted two proposals late Friday evening ahead of a status conference before U.S. District Judge Tanya Chutkan, who is presiding over the case in which Trump is accused of plotting to overturn the results of the 2020 election in the lead-up to the Jan. 6, 2021, riot at the U.S. Capitol. Trump is not expected to attend.
Special counsel Jack Smith’s team, which last week filed a new complaint seeking to dismiss certain allegations against Trump and comply with the Supreme Court ruling, said it stands ready at any time to file a legal brief outlining its position on how the justices’ immunity ruling should apply to the case.
Defense attorneys, on the other hand, said they planned to file multiple motions to dismiss the case, including one that builds on a Florida Judge Ruling stating that Smith’s appointment was unconstitutional.
Neither side anticipates a trial before the November election, in which Trump is the Republican nominee. That’s largely because of the amount of work Chutkan still has to do, as he determines which of the actions alleged in the indictment can remain in the case, given the Supreme Court ruling.
In July, the court ruled that former presidents enjoy absolute immunity for the exercise of their core constitutional duties and are presumptively immune from prosecution for all other official acts.
Smith’s team responded to the ruling last week with a revised complaint, which removes references to Trump’s efforts to use the Justice Department’s law enforcement powers to stay in power, an area of conduct from which the Supreme Court has ruled Trump is immune.
The case is one of two federal prosecutions against Trump. The other, which accused him of illegally hoarding classified documents at his Mar-a-Lago estate in Palm Beach, Florida, was dismissed in July by U.S. District Judge Aileen Cannon, who said Smith’s appointment as special counsel was unlawful.
The Smith team has filed an appeal.