Trump election subversion case back in court; judge holds hearing that could set path forward

A judge will hear arguments Thursday on possible next steps in Donald Trump’s federal election subversion case, in the first hearing since the Supreme Court narrowed the scope of the case by ruling that former presidents are entitled to broad immunity from criminal charges.

Prosecutors and defense attorneys filed opposing motions Friday night ahead of the status conference. U.S. District Judge Tanya Chutkan is presiding over the case accusing Trump of conspiring 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 would issue any ruling on Thursday.

Special counsel Jack Smith’s team filed a new indictment last week to strike out certain allegations against Trump, the Republican presidential nominee, and comply with the Supreme Court’s ruling. His team said it could be ready at any time to file a legal brief outlining its position on how to apply the judges’ immunity opinion to the case.

Defense attorneys said they intend to file multiple motions to dismiss the case, including one based on a Florida judge’s ruling that Smith’s appointment was unconstitutional.

Neither side anticipates a trial before the November election, especially given the amount of work that remains ahead. Chutkan is tasked with determining which of the alleged acts in the indictment can remain part of the case in light of the Supreme Court’s opinion.

In July, judges ruled that former presidents enjoy absolute immunity for the exercise of their basic constitutional duties and are presumptively immune from prosecution for all other official acts.

Smith’s team responded to the ruling with a revised indictment last week that removed references to Trump’s efforts to use the Justice Department’s law enforcement powers to stay in power — an area of ​​conduct for which the Supreme Court said Trump is immune.

The case is one of two federal indictments against Trump. The other indictment, 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. She said Smith’s appointment as special counsel was unlawful.

Smith’s team has appealed that decision. Trump’s lawyers say they intend to ask Chutkan to dismiss the election case on the same grounds.

[Con información de The Associated Press]

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