A U.S. judge has accused Donald Trump’s legal team of attempting to prevent evidence from being publicly disclosed before the upcoming November 5 election. This evidence could potentially undermine Trump’s efforts to overturn the results of the 2020 presidential election, though it is acknowledged that the case will not reach trial before the election.
Judge Orders Response on Immunity Ruling
U.S. District Judge Tanya Chutkan has given prosecutors a likely final opportunity to disclose evidence in the case before the election. She has instructed Special Counsel Jack Smith to respond by September 26 to a Supreme Court ruling that addresses the broad immunity former presidents may have from criminal prosecution. Prosecutors are expected to demonstrate that their case against Trump remains unaffected by this ruling and argue for the case to proceed to trial.
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Thomas Windom, a prosecutor on Smith’s team, indicated that the prosecution is prepared to present new evidence. The goal is to show that the case against Trump should advance despite the Supreme Court’s decision on presidential immunity.
Election Context and Legal Proceedings
Former President Trump, who did not attend the hearing, has pleaded not guilty to four criminal charges. These charges allege that he used false claims of voter fraud to challenge the election results and obstruct the certification of his loss to President Joe Biden. The revised indictment secured by Smith in August maintained the original four charges but removed elements that the Supreme Court had deemed inadmissible.
Trump is set to face Democratic Vice President Kamala Harris in the November election. If Trump wins, he is likely to instruct the Justice Department to drop the charges against him.
At the hearing, Judge Chutkan decided against setting a trial date and acknowledged that the immunity issue may ultimately return to the Supreme Court. Trump’s lawyer, John Lauro, argued against allowing the prosecutors to publicly disclose their evidence, claiming it would be unfair to do so before the election. Chutkan responded sharply, stating, “I think what you’re trying to do is affect the presentation of evidence so as not to impinge on an election,” and emphasized that she is “not concerned with the electoral schedule.”
Defense Arguments and Case Delays
Lauro contended that Trump’s defense should first seek to dismiss the charges based on the argument that the grand jury heard evidence that the Supreme Court had ruled inadmissible. The case has faced delays as Trump pursued his claim of presidential immunity, asserting that the legal actions against him are politically motivated efforts to damage his presidential campaign.
In July, the Supreme Court ruled 6-3 that former presidents are presumed to be immune from criminal prosecution for actions taken as part of their official duties. The court directed Judge Chutkan to review the indictment to determine if any charges fall under this immunity.
Judge Chutkan has ordered Trump to respond to the prosecutors’ arguments by October 17 and will decide later whether additional proceedings are necessary.
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