A federal judge is set to hear arguments on potential next steps in the federal election subversion prosecution of former President Donald Trump. This hearing comes after the Supreme Court's recent ruling that former presidents are broadly immune from criminal charges.
The case accuses Trump of plotting to overturn the results of the 2020 election leading up to the January 6, 2021, Capitol riot. Both prosecution and defense teams have submitted proposals ahead of the status conference before U.S. District Judge Tanya Chutkan.
Special counsel Jack Smith's team filed a new indictment last week, removing certain allegations against Trump to comply with the Supreme Court ruling. They are prepared to file a legal brief on how the immunity opinion applies to the case.
On the other hand, defense lawyers plan to file multiple motions to dismiss the case, including one based on a Florida judge's ruling that questioned the constitutionality of Smith's appointment.
It is unlikely that a trial will take place before the November election, as Judge Chutkan must determine which acts alleged in the indictment can proceed in light of the Supreme Court's opinion on presidential immunity.
In July, the Supreme Court ruled that former presidents have absolute immunity for their core constitutional duties and are generally immune from prosecution for other official acts. The revised indictment by Smith's team removed references to Trump's attempts to use Justice Department powers to retain power, an area where the Court deemed Trump immune.
This case is one of two federal prosecutions against Trump. The other case, involving the alleged hoarding of classified documents at Mar-a-Lago, was dismissed in July by U.S. District Judge Aileen Cannon, who found Smith's appointment as special counsel unlawful. Smith's team has since appealed this decision.
