Prosecutors and defense attorneys clashed in court Thursday over the next steps in the trial. Federal election interference to prosecute Donald Trump in the first trial after the Supreme Court reduced the case with the decision that former presidents have broad immunity from criminal charges.
The bipartisan proposals reflected how much the judge’s July opinion reversed the case accusing Trump of conspiring to overturn the results of the 2020 election in the run-up to the Capitol riot on Jan. 6, 2021.
To salvage the case, special counsel Jack Smith’s team filed a new indictment dismissing certain charges against Trump, who the Supreme Court said was immune from prosecution.
A team member, Thomas Windom, said Thursday that prosecutors are prepared to file a legal brief within three weeks on why the new indictment is warranted. But defense attorney John Lauro said the special prosecutor is “providing a device that reverses the criminal rules” by attempting to enter a plea before the attorney has a chance to dismiss the charges.
“We may be dealing with a misdemeanor charge from the beginning,” Lauro said. He added: “We want an orderly process that will provide justice in the opinion of the Supreme Court.”
As the trial began, U.S. District Judge Tanya Chutkan noted that it had been nearly a year since she had seen the lawyers in her courtroom. The case has been on hold since last December as Trump pursued his appeal on immunity grounds.
“Life was almost meaningless without seeing you,” Lauro joked to the judge.
Chutkan said: -Enjoy it while it lasts.
Trump, the Republican presidential candidate, was not present at the meeting. A not guilty plea was entered on his behalf to the amended charge.
Defense attorneys said they plan to file several motions to dismiss the case, including one that would dismiss it. The Florida judge’s decision that Smith’s appointment is said to be unconstitutional.
Neither side expects the trial to take place before the November election, especially given the amount of work involved. Chutkan is required to determine which of the actions envisaged in the indictment can remain part of the case, taking into account the Supreme Court’s conclusion.
The courts ruled in July that former presidents enjoy absolute immunity from carrying out their basic constitutional duties and are likely immune from prosecution for all other official acts.
Last week, Smith’s team responded to the ruling with an amended indictment that included references to Trump’s efforts to use the Justice Department’s law enforcement powers to stay in office — one of the areas of conduct from which the Supreme Court has said Trump is immune.
The case is one of two federal prosecutions against Trump. Another case, which accused him of illegally storing classified documents at his Mar-a-Lago estate in Palm Beach, Florida, was dismissed in July by U.S. District Judge Eileen Cannon. She said Smith’s appointment as special counsel was illegal.
Smith’s team appealed the ruling. Trump’s representatives say they plan to ask Chutkan to dismiss the election case on the same grounds.
Tucker, Durkin Richer and Kunzelman write for The Associated Press.
