Judge Accuses Trump’s Lawyers of Attempting to Delay Release of New Evidence, According to Reuters

By Andrew Goudsward

A U.S. judge recently expressed concerns regarding efforts by Donald Trump’s lawyers to prevent the release of potentially damaging evidence related to his attempts to overturn the 2020 presidential election results. This development comes as the November 5 election approaches, though the case itself is not expected to go to trial before then.

U.S. District Judge Tanya Chutkan provided prosecutors with what may be their final opportunity to present evidence in the case prior to the election. She instructed Special Counsel Jack Smith to address a ruling from the U.S. Supreme Court, which indicated that former presidents possess broad immunity from criminal prosecution, by September 26.

Prosecutor Thomas Windom informed Judge Chutkan that the team is ready to disclose potentially new evidence in their filing, asserting that the ongoing case against Trump remains valid despite the Supreme Court’s ruling and should proceed to trial.

In November, Trump, a Republican and former president, will face off against Democratic Vice President Kamala Harris. Trump, who did not attend the recent hearing, has pleaded not guilty to four criminal counts. These charges accuse him of relying on false claims of voter fraud to distort the election outcomes and prevent the certification of his defeat to Democratic President Joe Biden.

A revised indictment from August maintained the same four charges previously filed last year, although it removed certain allegations deemed inadmissible by the Supreme Court.

Should Trump secure a victory in the election, he is expected to instruct the Justice Department to dismiss the charges against him.

During the hearing, Judge Chutkan refrained from setting a trial date, noting that the immunity matter would likely return to the Supreme Court.

Trump’s attorney, John Lauro, argued against the public disclosure of evidence by the prosecution, suggesting it would be inappropriate to do so in the lead-up to the election. Judge Chutkan countered his point, indicating that the effort seemed aimed at influencing the presentation of evidence to avoid affecting the electoral process, asserting that she does not prioritize the electoral timeline.

Lauro asserted that Trump’s defense should first pursue a motion to dismiss charges on the basis that the grand jury that issued the revised indictment likely heard evidence that should have been excluded due to the Supreme Court’s ruling.

The progress of the case had been stalled for several months while Trump sought to establish his claim of immunity. He alleges that the prosecution, along with other legal actions against him, are politically motivated attempts to diminish his presidential campaign.

The Supreme Court ruled in July, in a 6-3 decision, that former presidents are generally presumed to be immune from criminal prosecution for actions undertaken in the line of their official duties.

The court instructed Judge Chutkan to review the indictment for any additional allegations that may fall under the immunity umbrella and require dismissal. Chutkan has ordered Trump to respond to the prosecution’s arguments by October 17, indicating she will later decide whether further proceedings are warranted.