Jack Smith’s Election Day Surprise For Trump

On Thursday, a federal judge effectively confirmed that former President Donald Trump’s trial on charges related to his efforts to contest the 2020 election results will not commence until after the election on November 5. U.S. District Judge Tanya Chutkan outlined a pretrial schedule extending through November 7, allowing special counsel Jack Smith to present some potentially damaging evidence against Trump before voters head to the polls.

Under the current schedule, prosecutors are expected to finalize their evidentiary disclosures by September 10, followed by a brief addressing questions of presidential immunity due on September 26. Trump’s legal team had hoped to be the first to argue the presidential immunity issue—an area where the Supreme Court recently sent the case back to lower courts for further examination. However, Judge Chutkan decided Trump’s team will need to respond by October 17 rather than initiating the argument themselves.

Judge Chutkan has essentially restarted parts of the pretrial process to align with the Supreme Court’s July 1 ruling on presidential immunity. She has also overturned a previous decision that denied Trump’s motion to dismiss, setting new deadlines for Trump’s legal team to file updated motions addressing both presidential immunity and statutory grounds.

The prosecution, led by Smith, has recently filed an amended indictment against Trump, which adjusts for the Supreme Court’s decision. The new indictment retains the original four charges but removes references to conduct that could have been considered official. Instead, it provides explanations for why the actions in question did not pertain to official duties.

Trump has formally pleaded not guilty to these charges. Judge Chutkan, who will ultimately decide whether the case can proceed under the Supreme Court’s immunity decision, has yet to set a trial start date, calling such a move premature.

During Thursday’s hearing, Judge Chutkan dismissed concerns about the trial’s timing in relation to the upcoming presidential election, asserting that electoral considerations were irrelevant to the court’s proceedings. Trump’s legal team expressed worries that prosecutors might release politically damaging information close to the election, but Judge Chutkan remained focused on the legal aspects of the case.

Since the initial charges were unveiled in August 2023, Trump’s team has been working to delay proceedings, citing a novel argument for presidential immunity. The possibility of Trump winning the November election and potentially influencing the Justice Department was not openly discussed in court.

Judge Chutkan’s decision to allow Trump’s team to file a new motion challenging the validity of Smith’s appointment was another development from the hearing. The court also addressed the extent to which prosecutors can discuss Trump’s alleged attempts to pressure former Vice President Mike Pence regarding the election results.

In addition to these charges, Trump faces a total of 14 criminal counts across various cases, including 10 in Georgia related to election interference, which is currently on hold pending an appeal. A jury found Trump guilty of 34 counts in the Manhattan hush-money case earlier this year, with sentencing yet to be scheduled. Trump has consistently denied all allegations and maintains his innocence.

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