Lawyers for Donald Trump and special counsel Jack Smith will appear before Judge Tanya Chutkan for a hearing in the federal election subversion case following a revision of the indictment to align with a Supreme Court ruling on presidential immunity. Chutkan will determine the next steps for the case as a pre-election trial is no longer feasible. Both Smith’s and Trump’s teams have conflicting visions for the case’s future, with the hearing offering insight into Chutkan’s perspective on the case now that it is back in her court.
Donald Trump has accused the Justice Department of election interference through the revised indictment, a claim Attorney General Merrick Garland dismissed, stating that Smith followed DOJ policies. The hearing, scheduled for 10 a.m. ET in Washington, DC, will provide updates on the case’s progression. Trump and Smith have proposed different schedules for the case, setting up a potential intense debate in front of the judge. Chutkan has not indicated her stance on detailed legal battles before the upcoming presidential election.
Chutkan has previously shown a desire to expedite the case, ruling on issues without in-person hearings and maintaining tight deadlines. Prosecutors now leave scheduling matters to the judge to avoid potential public flare-ups close to the election. Following the filing of a superseding indictment, Smith’s team has been preparing their case to move it forward swiftly. The Supreme Court ruling on Trump’s immunity prompted significant edits to the indictment, with prosecutors focusing on evidence admissibility issues.
The immunity issue raised by the Supreme Court ruling presents different procedural approaches by Smith and Trump. Chutkan may decide on one of the proposed methods or seek a middle ground solution. Smith suggests resolving the issue through legal briefings, while Trump requests further immunity-related discovery before deciding on the revised case. Trump also plans to challenge Smith’s appointment and the grand jury’s exposure to evidence under the immunity ruling. Additional challenges could target Trump’s conduct towards Pence and the obstruction charge in the case.
Thursday’s hearing may address Trump’s potential motions to dismiss, indicating the seriousness with which they will be considered. Trump’s attorneys anticipate considerable time and resources needed to address each challenge. The case’s progression and resolution could significantly impact the outcome of the case before Inauguration Day, with implications for Trump’s presidential campaign. Chutkan’s decisions on scheduling, immunity, and other legal issues will shape the future of the case as it navigates through the judicial process.
