A federal judge is set to hear pivotal arguments in Donald Trump‘s election subversion case in what is the first major hearing since the Supreme Court scaled back the charges, ruling that former presidents are shielded by immunity from criminal prosecution.
The Thursday proceedings will be presided over by U.S. District Judge Tanya Chutkan in Washington, D.C., where Trump is accused of trying to overturn the 2020 election results leading up to the Jan. 6, 2021 Capitol riot.
The former president is not expected to attend the hearing, but the outcome could have significant implications for the prosecution.
Special counsel Jack Smith’s team submitted a revised indictment last week, removing certain allegations against Trump to align with the Supreme Court’s decision.
Donald Trump records a video statement on the afternoon of Jan. 6, 2021 from the Rose Garden, displayed at a hearing by the House select committee investigating the Jan. 6 attack on the U.S. Capitol.
House Select Committee via AP, File
The ruling, handed down in July, reaffirmed that former presidents enjoy absolute immunity for actions taken in their official capacity and are presumptively immune from criminal prosecution for other acts related to their constitutional duties.
The revised indictment also removes references to Trump’s attempts to leverage the Department of Justice to remain in power, an area where the Supreme Court found immunity applies.
Instead, it narrows its focus to Trump’s actions as a private citizen, rather than official acts performed during his presidency.
Smith’s team has indicated that it is ready to file legal briefs detailing its interpretation of the ruling’s impact on the case.
Trump’s defense lawyers, meanwhile, plan to file multiple motions to dismiss, including one based on a Florida judge’s recent ruling that Smith’s appointment as special counsel was unconstitutional.
U.S. District Judge Aileen Cannon dismissed a separate case against Trump involving classified documents, citing the same argument about Smith’s appointment, which is currently under appeal.
Neither side anticipates the election subversion trial will begin before the November 2024 election, with a substantial amount of legal maneuvering ahead.
Judge Chutkan will be tasked with deciding which elements of the original indictment can proceed in light of the Supreme Court’s ruling.
Trump, who has repeatedly denied wrongdoing and described the prosecutions against him as politically motivated, faces four counts of criminal charges for allegedly attempting to undermine the legitimate results of the 2020 election.
This case is one of two major federal prosecutions Trump is currently facing.
In addition to the election interference charges, he has been charged with illegally hoarding classified documents at his Mar-a-Lago estate.
As Trump campaigns for the 2024 Republican nomination, these legal battles are expected to loom large in his bid for a political comeback.
This article includes reporting from The Associated Press
