Former President Donald Trump’s legal team has proposed a court schedule in his federal election interference case that would delay proceedings until after the election, potentially pushing the start of a trial until after the next inauguration. Special counsel Jack Smith is pushing for an immediate trial schedule to address whether Trump’s actions are covered by presidential immunity, including revealing new evidence. Trump’s team wants to focus on other points before addressing immunity. The case was originally set to go to trial in March 2024 but may be delayed due to this scheduling dispute.
The Government is prepared to file an opening immunity brief promptly, but Trump’s lawyers are proposing no new substantive arguments until after the election. Trump is accused of trying to defraud the public and disenfranchise voters in relation to his efforts to overturn the 2020 election results. He has pleaded not guilty and continues to claim the election was stolen.
Trump’s legal team may challenge the appointment of special counsel Jack Smith and argue that some charges should be dismissed based on the Supreme Court’s immunity decision. They are seeking to have the indictment dismissed and mentioned possibly filing a motion due to references to former Vice President Mike Pence.
The proposed trial schedule would have the first hearing the week after the next president is sworn into office, with additional proceedings scheduled for 2025 if necessary. The Supreme Court’s immunity decision weakened the case against Trump, as the new indictment excludes certain allegations. Trump’s team claims he believed in the election conspiracy theories he spread, while Smith’s team believes Trump knew they were false.
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