The legal teams of Donald Trump and special counsel Jack Smith have clashed over when the former president’s election interference case should go to trial, if his bid to get it thrown out following the Supreme Court’s presidential immunity ruling is unsuccessful.
Trump faces four federal charges: conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, attempting to obstruct an official proceeding, and conspiracy against rights. Trump has pleaded not guilty to all charges and alleges the case is politically motivated.
On Tuesday Smith filed a revised indictment against Trump taking into account the Supreme Court‘s ruling in July, which concluded presidents have immunity from prosecution over official acts undertaken during their time in office.
In a joint court filing on Friday, the lawyers agreed on what types of motions and briefing are likely in pre-trial proceedings, but noted they have “differing views on how the Court should schedule these matters and the manner in which they are to be conducted.”
Special Counsel Jack Smith speaks to members of the media at the U.S. Department of Justice building in Washington, D.C., on August 1, 2023. Smith has clashed with Donald Trump’s legal team over the timetable for his federal election interference case.
SAUL LOEB/AFP/GETTY
Trump’s lawyers argued any “additional proceedings” after the immunity case, which could include trial if the case is not dismissed, should take place in “spring—fall 2025.”
Trump’s lawyers suggest details of the defense’s motion to dismiss the case based on presidential immunity should be provided by December 13, after which the special counsel will reply by January 3. They suggest non-evidentiary hearings “regarding motions to dismiss and compel” are heard on the week of January 27, 2025.
Smith’s by contrast are keen to move on quickly with the case, asking the court for any other Trump motions in the case to “run parallel with the schedule” to discuss immunity.
Prosecutors reject the bid to get the case dismissed over presidential immunity, stating: “The Government proposes that it file an opening briefing in which it will explain why the immunity set forth in Trump [the Supreme Court’s immunity ruling] does not apply to the categories of allegations in the superseding indictment.”
Newsweek contacted Donald Trump’s legal team and Special Counsel Jack Smith, via the Department of Justice, for comment outside of regular office hours on Saturday.
Speaking to Newsweek on Friday Greg Germain, a law professor and former attorney, said Trump’s election interference case is effectively “dead” following the Supreme Court immunity ruling.
He said: “While the lower courts may try to interpret their way around the [Supreme] Court’s decision, ultimately I think the election interference case is dead before the Supreme Court.
“And if Trump wins the election, the Court’s opinion leaves little doubt that he could pardon himself or appoint people to the justice department who will dismiss the case.”
In May Trump was convicted on 34 counts of falsifying business records related to claims he orchestrated the payment of hush money to a pornographic actress ahead of the 2016 presidential election. Trump branded the trial “rigged” and is currently trying to get the case moved to a federal court in a move that could significantly delay sentencing.
