Trump’s lawyers and special counsel team back in court for 2020 election case.

Former President Donald Trump and special counsel Jack Smith were back in federal court in Washington, as U.S. District Judge Tanya Chutkan took over the 2020 election-related case after the Supreme Court’s ruling on presidential immunity. Trump, though absent, was charged with the same four counts as before. His lawyer reaffirmed his not guilty plea in response to the new indictment.

Judge Chutkan refrained from setting a schedule in court but promised to do so later. Both sides presented their proposed paths for the case’s progression. Smith suggested a prompt application of the high court’s ruling on immunity, proposing that the court address this issue alongside other motions.

On the other hand, Trump’s legal team argued for more time, suggesting a schedule that would prolong pretrial proceedings into 2025. They seek dismissal based on the constitutionality of Smith’s appointment and funding, presidential immunity, and the limitation of a federal obstruction charge.

The court had paused proceedings as Trump appealed the charges’ dismissal on immunity grounds. The appeals court rejected these claims, leading to the Supreme Court’s decision in July. Smith then filed a superseding indictment, removing conduct covered by immunity but maintaining the four federal charges against Trump.

The case’s direction remains uncertain, with Trump’s team planning further motions to dismiss based on claims of immunity, particularly regarding interactions with Vice President Mike Pence. Discussions between Trump and Pence are under scrutiny to determine if they constitute official acts. The judge will decide if these are outside Trump’s duties.

Chutkan disapproved of the reference to the upcoming election, emphasizing that the court is not involved in electoral matters. Despite the gravity of the issues at hand, she warned against attempts to steer evidence presentation in ways that could impact the election.

While acknowledging the weightiness of the case, Chutkan emphasized that decisions regarding immunity will likely be challenged on appeal. Prosecutors have tailored the indictment to comply with the Supreme Court’s ruling, seeking to distinguish private electioneering from official action.

Neither Trump nor Smith were present at the hearing, but their legal teams clashed over the proposed timeline for pretrial proceedings. The contentious issue of presidential immunity will continue to shape the course of the case, as both parties seek to navigate this complex legal terrain.

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