Former President Donald Trump and special counsel Jack Smith are currently in disagreement over the progression of the election subversion case in Washington, DC. A recent status report filed indicates that both parties are not rushing to go to trial before the November presidential election or even before the end of the year.
Smith has not provided firm dates for the next phase of the case, while Trump has suggested a schedule for pre-trial disputes that could extend until at least the beginning of 2025. Trump's proposed timeline even suggests that it might take until fall 2025 to resolve any additional proceedings if necessary.
The filing sets the stage for a potentially contentious hearing in DC's federal courthouse next week, where Judge Tanya Chutkan will decide on how the case will proceed. This hearing follows a landmark Supreme Court ruling that granted Trump some immunity in the election subversion prosecution.
The parties differ on the order of operations and the resolution of certain issues in the case. Smith wants the judge to address questions raised by the Supreme Court's ruling on presidential immunity while handling other pre-trial issues concurrently. On the other hand, Trump plans to challenge the legality of Smith's appointment and seeks to address that issue before the immunity dispute.
Trump's lawyers are considering various challenges to the charges, including potential objections related to Vice President Pence and the Supreme Court's ruling on obstruction charges in the US Capitol riot case. Trump's legal team argues that each issue should be addressed separately and in a specific order, which could prolong the case timeline.
Before the retooled indictment was presented, prosecutors spent eight weeks evaluating evidence and allegations in light of the immunity ruling. The revised indictment excluded certain allegations involving Trump's interactions with his advisers but retained the original charges of conspiracy and obstruction.
Trump's strategy has been focused on delaying the case proceedings, with accusations of prosecutorial interference in the 2024 election. The Justice Department policy discourages major investigative actions within 60 days of an election that could impact a candidate, although this is not a strict rule.
In the ongoing legal battle, the court will have to navigate the differing approaches of Trump and the special counsel as they seek resolution in the election subversion case.
