Jack Smith asks judge in Jan. 6 case to address immunity as Trump seeks dismissal

Source: ABC News

August 31, 2024, 1:49 AM


Lawyers for Donald Trump and special counsel Jack Smith disagree on how to proceed with the former president's election interference case, both sides said in a joint filing late Friday.

On the heels of this week's superseding indictment in which Smith adjusted the case's original charges to respect the Supreme Court's recent ruling on presidential immunity, Smith, in Friday's filing, declined to propose a timeline for the case -- telling the court that "decisions on how to manage its docket are firmly within its discretion" -- while Trump's lawyers proposed delaying any in-person proceedings until after the November election.

Trump last August pleaded not guilty to federal charges of undertaking a "criminal scheme" to overturn the results of the 2020 election to remain in power. Last month, in a blockbuster decision, the Supreme Court ruled that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office.

Smith, in Friday's joint filing, urged U.S. District Judge Tanya Chutkan to address the Supreme Court's immunity decision "first and foremost," while Trump's lawyers asked the court to immediately consider dismissing the case based on the legality of Smith's appointment before turning to the immunity issue.

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