UPDATED: 9:31 A.M.
WASHINGTON (Reuters) -Donald Trump pleaded not guilty on Thursday to criminal charges in a revised federal indictment accusing the former U.S. president of attempting to overturn his defeat in the 2020 election.
Trump’s lawyers entered the plea on his behalf at the start of a court hearing in Washington focused on how the case should proceed after the U.S. Supreme Court ruled that former presidents have broad immunity from criminal prosecution.
Trump, the Republican candidate in the Nov. 5 presidential election, is not attending the hearing.
The new indictment, brought in August, included the same four charges as the one obtained last year by Special Counsel Jack Smith, but dropped allegations the Supreme Court found could not remain part of the case.
U.S. District Judge Tanya Chutkan is expected to consider dueling proposals from Smith, who is seeking to press the case forward, and Trump, who is pushing to delay action until after the election. The Supreme Court directed Chutkan to decide whether any other portions of the case must be tossed out.
Trump faces four criminal charges that accuse him of using false claims of voter fraud to undermine the election results and thwart certification of his defeat to Democratic President Joe Biden.
The case had been delayed for months while Trump pursued his immunity claim and is virtually certain not to go to trial before Trump faces Democratic Vice President Kamala Harris in the election.
Trump has argued that the prosecution as well as other legal cases against him are politically motivated attempts to undermine his presidential campaign.
The Supreme Court ruled in a 6-3 decision in July that former presidents are presumed to be immune from criminal prosecution for actions taken as part of their official responsibilities as president.
Smith has argued that all the remaining allegations are not covered by the immunity ruling and can proceed to trial.
Prosecutors have said that they are prepared to file court papers laying out their argument “at any time the court deems appropriate.”
Trump’s lawyers, meanwhile, have suggested that Chutkan should not begin weighing the impact of the immunity ruling until December, after the election.
If Trump wins the election, he is expected to direct the Justice Department to drop the charges.
Trump has proposed that his lawyers first move to dismiss the case based on an argument that Smith was unlawfully appointed as special counsel under the U.S. Constitution.
Trump used the same argument to convince a federal judge in Florida who was appointed by Trump to throw out a second criminal case, also brought by Smith, accusing him of illegally holding onto classified documents after leaving office. Smith’s office is appealing that decision.
The federal appeals court in Washington has previously upheld the authority of special counsels to handle certain sensitive investigations.
(Reporting by Andrew Goudsward; Editing by Andy Sullivan, Bill Berkrot and Mark Porter)
WASHINGTON (Reuters) – U.S. prosecutors and lawyers for Donald Trump are set to appear in court on Thursday to determine how quickly to resume the 2020 election subversion case against the Republican presidential candidate following the U.S. Supreme Court’s ruling that former presidents have broad immunity from prosecution.
U.S. District Judge Tanya Chutkan in Washington is expected to consider dueling proposals from special counsel Jack Smith, who is seeking to press the case forward, and Trump, who is pushing to delay action until after the Nov. 5 presidential election. The Supreme Court directed Chutkan to decide whether portions of the case must be tossed out.
Trump, who is not expected to attend the hearing, faces four criminal charges that accuse him of using false claims of voter fraud to undermine the election results and thwart certification of his defeat to Democratic President Joe Biden.
The case had been delayed for months while Trump pursued his immunity claim and is virtually certain not to go to trial before Trump faces Democratic Vice President Kamala Harris in the election.
Trump has argued that the prosecution, and other legal cases against him, are politically motivated attempts to undermine his presidential campaign.
Trump’s lawyers are expected to enter a not guilty plea to a revised indictment Smith obtained last month, after the Supreme Court ruled in a 6-3 decision that former presidents are presumed to be immune from criminal prosecution for actions taken as part of their official responsibilities as president.
The new indictment includes the same four charges as the one Smith obtained last year, but drops an accusation that Trump pressured the U.S. Justice Department to aid his attempt to remain in power. The Supreme Court found Trump could not be prosecuted for those actions.
Smith has argued that all the remaining allegations are not covered by the immunity ruling and can proceed to trial. Prosecutors have said they are prepared to file court papers laying out their argument “at any time the court deems appropriate.”
Trump’s lawyers, meanwhile, have suggested that Chutkan should not begin weighing the impact of the immunity ruling until December, after the election.
If Trump wins the election, he is expected to direct the Justice Department to drop the charges.
Trump has proposed his lawyers should first move to dismiss the case based on an argument that Smith was unlawfully appointed as special counsel under the U.S. Constitution.
Trump used the same argument to convince a federal judge in Florida who was appointed by Trump to throw out a second criminal case, also brought by Smith, accusing him of illegally holding onto classified documents after leaving office.
Smith’s office is appealing that decision. The federal appeals court in Washington has previously upheld the authority of special counsels to handle certain sensitive investigations.
(Reporting by Andrew Goudsward; Editing by Andy Sullivan and Bill Berkrot)
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