Trump’s election subversion case back in court as judge holds hearing that could define path forward | The Times Of Update

WASHINGTON (AP) — A judge will hear arguments Thursday on potential next steps in federal election subversion Donald Trump lawsuits at the first hearing since the Supreme Court reduced the case by ruling that former presidents are entitled to broad immunity from criminal prosecution.

Prosecutors and defense attorneys submitted duel proposals on Friday night ahead of the status conference before U.S. District Judge Tanya Chutkan, who 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 attend.

Special counsel Jack Smith’s team, which filed a new indictment last week to dismiss some allegations against Trump and comply with the Supreme Court’s ruling, has said it could be ready at any time to file a legal brief laying out its position on how to apply the judges’ immunity opinion to the case.

Defense attorneys, however, have said they intend to file several motions to dismiss the case, including one that relies on a Florida Judge’s Decision This declared that Smith’s appointment was unconstitutional.

Neither side is considering a trial before the November election, in which Trump would be the Republican nominee, especially given the amount of work ahead, with Chutkan tasked with determining which of the acts alleged in the indictment can remain in the case in light of the Supreme Court’s opinion.

In July, the court ruled that former presidents enjoy absolute immunity for carrying out their essential constitutional functions and are presumed 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 from which the Supreme Court has said Trump is immune.

The case is one of two federal lawsuits against Trump. The other, accusing him of illegally hoarding classified documents at his Mar-a-Lago estate in Palm Beach, Florida, was dismissed in July by federal judge Aileen Cannon, who said Smith’s appointment as special counsel was illegal.

The Smith team appealed.