Former President Donald Trump’s legal team has proposed a court schedule in his federal election interference case that would delay the court fight over whether his charges are covered by immunity until after the election and push the start of a potential trial well after the next inauguration. Special counsel Jack Smith is arguing for immediate consideration of whether Trump’s actions are covered by presidential immunity, which will include revealing new evidence.
The government is prepared to file its opening immunity brief promptly, but Trump’s legal team wants to focus on other points before addressing immunity. U.S. District Judge Tanya Chutkan has set a hearing to discuss the future schedule of the case. Trump is accused of trying to defraud the public and disenfranchise voters in an effort to overturn the 2020 election results.
Trump has pleaded not guilty and continues to falsely claim the election was stolen. If he wins the November election, the case could be ended. Trump’s lawyers are considering challenges to the indictment, including questioning the legality of Smith’s appointment. They maintain that some actions in the indictment should be shielded from prosecution due to the Supreme Court’s decision.
Trump’s team proposes a trial schedule that would have the first hearing after the next president is sworn into office, with additional proceedings in 2025 if necessary. The Supreme Court’s immunity decision weakened the case, and the new indictment does not include allegations about Trump’s attempt to weaponize the Justice Department. Trump’s team claims his election conspiracy theories were plausible and maintained in good faith, while Smith’s team asserts that Trump knew the lies were false.
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