Former President Donald Trump’s legal team has proposed a court schedule in his federal election interference case that would delay a trial and potential court fight over immunity until after the next election and inauguration. Special counsel Jack Smith argues for an immediate consideration of whether Trump’s actions are covered by presidential immunity, including revealing new evidence. The government is prepared to file its opening immunity brief promptly. Trump’s lawyers want to address other points before the immunity question, potentially delaying substantive arguments until after the election.
Trump is accused of trying to defraud the American public and disenfranchise voters, related to his efforts to overturn the 2020 election results and the Jan. 6 Capitol attack. Trump has pleaded not guilty and continues to claim the election was stolen. His lawyers may challenge the indictment based on the appointment of Smith and the legality of the charges. They argue that some of Trump’s actions should be shielded from prosecution. They propose a trial schedule that delays proceedings until after the next presidency begins, with additional proceedings in 2025 if necessary.
The Supreme Court’s immunity decision weakened the special counsel’s case, resulting in a new indictment that does not include certain allegations related to Trump’s attempts to weaponize the Justice Department. While some Jan. 6 defendants have acknowledged being misled by Trump’s election lies, Trump’s team maintains that his conspiracy theories were plausible and maintained in good faith, despite evidence to the contrary. The new indictment explicitly states that Trump and his co-conspirators repeatedly spread unsubstantiated claims about election fraud, even after they were proven false.
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