(Washington) The special counsel prosecuting Donald Trump for unlawful attempts to overturn the results of the 2020 election and the former US president’s defense team are at odds over the timing of the proceedings, according to court documents.
Unsurprisingly, in a joint document released Friday night to U.S. District Judge Tanya Chutkan, who is handling the case, the Republican presidential candidate’s attorneys proposed a timeline for considering the preliminary motions that extends well beyond Election Day and even the January 2025 transfer of power.
They also say they are convinced that they can obtain the cancellation of the procedure before reaching a trial.
Special prosecutor Jack Smith, for his part, did not mention a date, but deferred to the judge’s decision. He said he was ready to present his written arguments on the question of criminal immunity invoked by Donald Trump as a former president “at any time the court deems appropriate.”
Judge Chutkan set a hearing on the calendar for September 5.
PHOTO BY UNITED STATES ADMINISTRATIVE OFFICE, PROVIDED BY THE NEW YORK TIMES
Federal Judge Tanya Chutkan
On Tuesday, the prosecutor issued a revised indictment — to take into account the Supreme Court’s unprecedented ruling on May 1er July recognizing broad criminal immunity for the president of the United States — but which takes up the same heavy charges.
By a majority of six to three — conservative justices against progressives — the Supreme Court had held that “the president enjoys no immunity for his unofficial acts” but that he “is entitled to at least a presumption of immunity for his official acts.”
The Court referred the case back to the trial judge to determine which acts are potentially immune from criminal prosecution.
Jack Smith therefore proposes that Judge Chutkan demonstrate how the acts prosecuted fall outside the scope of the exercise of presidential functions “by distinguishing the private electoral action of the accused from his official acts” and are therefore not covered by criminal immunity. But he asks her to examine this question without waiting to rule on the various appeals for annulment by the defense.
PHOTO SAUL LOEB, AGENCE FRANCE-PRESSE ARCHIVES
Special Prosecutor Jack Smith
On the contrary, Donald Trump’s lawyers are asking that the annulment appeals they are considering be considered first, stressing that this “will take considerable time and resources” before coming to the question of immunity.
“The court should take every reasonable step possible to resolve the case on legal grounds before allowing the invasive investigation into President Trump’s official acts while in office,” they argue.