Attorneys for former President Donald Trump and special counsel Jack Smith jointly filed for a status update in light of presidential immunity in the election subversion case, ABC News reported. Smith filed a superseding indictment last week that narrowed and adjusted charges to avoid the new ruling's pitfalls.
Smith attempted to salvage his case against Trump by making necessary changes to his indictment that would circumvent presidential immunity. Meanwhile, Trump's legal team has humiliated Smith by asking that the charges be dismissed entirely.
The conflict arose following a Supreme Court decision that granted presidential immunity to much of Trump's conduct during the Jan. 6, 2021, riot at the U.S. Capitol. How the court will proceed is still unknown, but Trump and Smith filed Friday to clarify that.
Trump's attorneys have requested that any further legal proceedings happen after the November election. Smith did not mention timing except to concede that the court's "decisions on how to manage its docket are firmly within its discretion."
Both sides disagree on the future of the case. Trump's team argued that the case be completely dismissed as their client has already submitted a plea of not guilty and that most of his conduct falls under his duties as president.
Attorneys have submitted a dismissal request for the immunity issue and another separate Supreme Court decision that ruled Smith's appointment was unconstitutional. Smith disagreed as both sides requested further consideration from the court on how to proceed.
"The parties recognize the types of motions and briefing anticipated in pre-trial proceedings but have differing views on how the Court should schedule these matters and the manner in which they are to be conducted," the filing noted. Normally, an evidentiary hearing would clear up legal matters before the trial.
This would mean a "mini-trial," requiring in-person hearings before Election Day to decide on these matters before the case proceeds in earnest. Smith seems reluctant to allow that and requested that the court admit briefs in writing that "distinguish [aTrump's] private electioneering activity from official action."
He wants any other legal issues that arise to be considered in writing simultaneously and expressed an eagerness to move things along. "The Government is prepared to file its opening immunity brief promptly at any time the Court deems appropriate," the filing noted.
Trump's good fortune at the Supreme Court will likely mean he will appeal if U.S. District Judge Tanya Chutkan rules against him in Smith's case. The defense team has a third rationale for dismissal by considering Trump's conversations with then-Vice President Mike Pence, who was under presidential immunity.
Trump had spoken to him about holding off on certifying the votes in the 2020 election, but both were acting in an official capacity. "If the Court determines, as it should, that the Special Counsel cannot rebut the presumption that these acts are immune, binding law requires that the entire indictment be dismissed because the grand jury considered immunized evidence," the filing said.
Meanwhile, Trump faces other legal complications, with a sentencing date looming in his New York hush-money case. Trump was found guilty of 34 felony counts of falsifying business records earlier this year.
His legal team filed Thursday to move the sentencing to federal court since it would impact the 2024 election. "At that potential sentencing, President Trump faces the prospect of immediate and unlawful incarceration under New York law, which could prevent him from continuing to pursue his leading campaign for the Presidency," Trump's attorneys asserted.
Trump has been battling these politically motivated charges for months. The best he can hope for is that Smith's case proceeds quickly and justly, though that might be unrealistic, considering the point has always been about derailing his presidential run.
