Lawyers for Donald Trump and special counsel Jack Smith will appear before Judge Tanya Chutkan for the first hearing in the federal election subversion case since prosecutors revised their indictment to align with a Supreme Court ruling on presidential immunity for Trump. Chutkan will determine the next steps for the case, as a pre-election trial is no longer possible. The differing visions of Smith’s and Trump’s teams for the case’s progression will be debated in court, with Chutkan ultimately deciding the case’s fate before the election and potential Inauguration Day implications.
Trump has accused the Justice Department of election interference by filing the revised indictment, a claim Attorney General Merrick Garland has refuted. Garland stated that the special counsel followed DOJ policies regarding election-related cases and that the superseding indictment was issued in response to the Supreme Court’s directives. The hearing on Thursday will provide insight into Chutkan’s perspective on the case and how she intends to proceed, especially with the upcoming election and potential implications for Trump’s candidacy.
Smith and Trump have presented contrasting timelines for the case in court filings, setting the stage for a contentious debate in front of the judge. Chutkan has not yet indicated how she envisions the legal battles unfolding before the election. The judge has previously shown a preference for expediting the case and has historically ruled on issues without in-person hearings. The prosecution’s decision to leave all scheduling matters to Chutkan may be related to avoiding conflicts during the election season.
Smith’s team has been quietly reassembling their case following the Supreme Court ruling on Trump’s immunity, leading to the issuance of a superseding indictment that aligns with the court’s mandate. Prosecutors have made substantial edits to differentiate Trump’s post-election actions from his official duties. The special counsel is prepared to file additional briefs addressing immunity and evidentiary issues as needed, signaling their readiness to move the case forward expeditiously.
Chutkan could announce her approach to addressing the immunity issue raised by the Supreme Court ruling during Thursday’s hearing. Smith favors resolving the issue through legal briefings, while Trump seeks additional discovery and the opportunity to file a motion to dismiss the superseding indictment. Trump also plans to challenge Smith’s appointment and funding, as well as other issues within the case. Chutkan will likely need to decide how to handle these challenges in relation to the immunity question and whether to address non-immunity issues simultaneously or separately.
In addition to the immunity issue, Trump’s legal team plans to challenge other aspects of Smith’s case, including potential motions to dismiss based on various arguments related to the indictment. Isolation of evidence exposed to the grand jury, Trump’s conduct towards Pence, and an obstruction charge are among the issues Trump’s attorneys are preparing to contest. Chutkan will need to consider the validity of these challenges and determine how to address them in the context of the election subversion case.
