WASHINGTON (AP) — A judge will hear arguments Thursday about possible next steps in the prosecution of Donald Trump on federal election fraud charges, the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges.
Prosecutors and defense attorneys filed competing motions late Friday night ahead of a status conference before U.S. District Judge Tanya Chutkan, who is presiding over a 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, however, said they planned to file multiple motions to dismiss the case, including one that would build on a Florida judge’s ruling 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 that removed references to Trump’s attempts to use the Justice Department’s law enforcement powers to stay in power, a practice the Supreme Court has ruled immune to.
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.
