A hearing is set for Thursday to discuss the next steps in the federal election interference case against Donald Trump, following the Supreme Court’s recent ruling granting former presidents extensive immunity from criminal charges. The case accuses Trump of allegedly planning to overturn the 2020 election results leading up to the January 6, 2021 Capitol riot. The hearing before U.S. District Judge Tanya Chutkan will involve arguments from both prosecutors and defense attorneys.
Special counsel Jack Smith’s team has adjusted the indictment to align with the Supreme Court’s decision, removing specific allegations against Trump. They are prepared to submit a legal brief explaining how the immunity opinion applies to the case. On the other hand, Trump’s defense plans to file various motions to dismiss, drawing on a previous ruling by a Florida judge that questioned the constitutionality of Smith’s appointment.
Neither side expects a trial to take place before the November election, with Chutkan needing to determine which allegations from the indictment can proceed following the Supreme Court’s immunity ruling. The Supreme Court ruled in July that former presidents have absolute immunity for their core constitutional duties and are typically protected from prosecution for other official actions.
Following the Supreme Court’s decision, the revised indictment no longer includes references to Trump allegedly attempting to misuse the Justice Department’s law enforcement powers to maintain his position, an area of activity deemed immune by the Court. This case is one of two federal prosecutions against Trump, with the other case involving allegations of Trump unlawfully storing classified documents at his Mar-a-Lago estate in Florida. This case was dismissed in July by U.S. District Judge Aileen Cannon, who deemed Smith’s appointment as special counsel illegal. The Smith team has subsequently filed an appeal.
