US prosecutors and Donald Trump's legal team are scheduled to appear in court on Thursday to discuss the pace at which the 2020 election subversion case against the Republican presidential candidate should proceed, following the US Supreme Court's decision that former presidents enjoy extensive immunity from prosecution.
US District Judge Tanya Chutkan in Washington is anticipated to review conflicting proposals from special counsel Jack Smith, who aims to expedite the case, and Trump, who advocates for a delay until after the November 5 presidential election. The Supreme Court has instructed Chutkan to determine whether parts of the case must be dismissed.
Trump, who is not expected to attend the hearing, is facing four criminal charges alleging that he employed false claims of voter fraud to undermine the election results and obstruct the certification of his loss to Democratic President Joe Biden. The case has been on hold for months due to Trump's immunity claim and is highly unlikely to go to trial before Trump competes against Democratic Vice-President Kamala Harris in the election.
Trump has contended that the prosecution, along with other legal cases against him, are politically motivated efforts to sabotage his presidential campaign. Trump's attorneys are expected to plead not guilty to a revised indictment obtained by Smith last month, following the Supreme Court's 6-3 ruling that former presidents are presumed immune from criminal prosecution for actions taken in their official capacity as president.
The revised indictment includes the same four charges as the one obtained by Smith last year but drops an accusation that Trump pressured the US Justice Department to assist his attempt to retain power. The Supreme Court ruled that Trump could not be prosecuted for those actions. Smith has argued that all remaining allegations are not protected by the immunity ruling and can proceed to trial. Prosecutors have indicated they are ready to submit court documents outlining their argument "at any time the court deems appropriate."
In contrast, Trump's lawyers have proposed that Chutkan should not consider the implications of the immunity ruling until December, post-election. If Trump wins the election, he is expected to instruct the Justice Department to drop the charges. Trump has also suggested that his lawyers should first seek to dismiss the case based on an argument that Smith was unlawfully appointed as special counsel under the US Constitution.
Trump employed the same argument to persuade a federal judge in Florida, appointed by Trump, to dismiss a second criminal case brought by Smith, accusing him of unlawfully retaining classified documents after leaving office. Smith's office is appealing that decision. The federal appeals court in Washington has previously affirmed the authority of special counsels to oversee certain sensitive investigations.
