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Friday 6 September 2024

Prosecutors in Trump election case get judge's OK to lay out fresh

evidence in court filing

money conviction and dis-
Continued from Front miss the case less than two
weeks after the Supreme
Chutkan made clear she Court's ruling in July.
would not let the upcom- "The defense can move
ing election affect how she comprehensively, quickly
proceeds, turning aside and well. So can we," Tho-
defense efforts to delay mas Windom said.
the process while also ac- Lauro told Chutkan that the
knowledging that the case case concerned momen-
is nowhere close to a trial tous issues. "We are talking
date. about the presidency of
"There's no rush to judg- the United States," he said.
ment here," Chutkan said. Chutkan shot back: "I'm not
Prosecutors and defense talking about the presiden-
lawyers are at odds over cy of the United States. I'm
the next steps in the case talking about a four count
after the Supreme Court indictment."
narrowed the scope of The hearing ended without
the prosecution by ruling the judge issuing an order
that former presidents are about future dates in the
entitled to broad immu- This exhibit from video released by the House Select Committee, shows President Donald Trump case.
nity from criminal charges. recording a video statement on the afternoon of Jan. 6, 2021, from the Rose Garden, displayed Trump was not in the court-
The dueling proposals and at a hearing by the House select committee investigating the Jan. 6 attack on the U.S. Capitol.( room and gave an eco-
testy courtroom exchanges Associated Press nomic speech in New York,
Thursday reflected the ex- though Smith was present.
tent to which the justices' "sensitive time" before the new indictment did not go whatever my ruling on im- A not guilty plea was en-
July opinion had upended election. far enough to comply with munity is, it's going to be tered on his behalf for the
the path of the case that "This process is inherently in- the 6-3 ruling, in part be- appealed. And the taking revised indictment.
charges Trump with plot- herently unfair, particularly cause it left intact allega- of that appeal will again Defense lawyers said they
ting to overturn the results during this sensitive time tions that Trump badgered stay this case. So, no one intend to file multiple mo-
of the 2020 election in the that we're in," Lauro said. his vice president, Mike here is under any illusion tions to dismiss the case,
run-up to the Capitol riot on That comment drew a re- Pence, to refuse to certify that we're sprinting towards including one that piggy-
Jan. 6, 2021. buke from Chutkan, who the counting of the elec- any particular trial date." backs off a Florida judge's
By day's end, she permit- said that the timing of the toral votes, Lauro said. The Supreme Court held ruling that said Smith's ap-
ted prosecutors to file by election was "not relevant" "We may be dealing with that former presidents are pointment was unconstitu-
Sept. 26 a legal brief that to how the case should an illegitimate indictment immune from prosecution tional.
could include fresh de- proceed. from the get-go," Lauro for the exercise of their core The case is one of two fed-
tails about Trump's failed "This court is not concerned said. constitutional functions and eral prosecutions against
efforts to cling to power with the electoral sched- He told Chutkan that the are presumptively immune Trump. The other, charging
four years ago. The brief is ule," the judge said. At an- Supreme Court's opinion re- for all other official duties. him with illegally hoarding
meant to defend a revised, other point, she suggested quired the outright dismissal It now falls to Chutkan to classified documents at his
and stripped-down, Trump that the defense was trying of the case, a position the determine which of the Mar-a-Lago estate in Palm
indictment that special to delay the case because judge made clear she did acts in the four-count in- Beach, Florida, was dis-
counsel Jack Smith's team of the forthcoming elec- not accept. She bristled dictment are official or not missed in July by U.S. District
filed last week to comply tion, cautioning, "That's not again when he suggested and which can remain part Judge Aileen Cannon, who
with the Supreme Court's going to be a factor I con- that prosecutors were guilty of the case in light of the said Smith's appointment
immunity opinion. The fil- sider at all." of a "rush to judgment." opinion. as special counsel was un-
ing is expected to include The new indictment filed by "This case has been pend- Neither side envisions a trial lawful.
detailed allegations from Smith's team last week re- ing for over a year," happening before Election Smith's team has appealed
the investigation, said Tho- moved allegations related Chutkan said, referencing Day, especially given the that ruling. Trump's law-
mas Windom, a member of to Trump's attempts to use the fact that the matter has amount of work ahead. yers say they intend to
Smith's team. the Justice Department's been frozen since last De- Pushing back on the de- ask Chutkan to dismiss the
Trump lawyer John Lauro law enforcement pow- cember while Trump pur- fense's claims that the spe- election case on the same
objected to the filing of the ers to undo the election sued his immunity appeal. cial counsel wants to move grounds, though Chutkan
brief before the defense results, conduct for which "We're hardly sprinting to too quickly, Windom noted noted in court Thursday
team has had a chance the Supreme Court said he the finish here." that Trump's lawyers filed that she did not find Can-
to seek the indictment's enjoyed immunity. But the She added: "We all know a lengthy brief seeking to non's opinion "particularly
dismissal — and during the Trump team believes the — we all know — that overturn his New York hush persuasive."q