A U.S. judge on Thursday accused Donald Trump’s lawyers of trying to stop evidence from becoming public before the Nov. 5 election.
The evidence can potentially damage his effort to overturn his 2020 election loss, while acknowledging the case would not go to trial before then.
U.S. District Judge Tanya Chutkan also gave prosecutors what is likely their last chance to divulge evidence in the case before the election. She ordered Special Counsel Jack Smith to respond by Sept. 26 to a ruling from the Supreme Court that former presidents have broad immunity from criminal prosecution.
Thomas Windom, a prosecutor in Smith’s office, told Chutkan they were ready to reveal new evidence. Prosecutors aim to show their case against Trump remains unaffected by the high court’s ruling. They argue the case should proceed to trial.
Upcoming Elections
Republican former President Trump will face Democratic Vice President Kamala Harris in the November election.
Trump, who did not attend the hearing, pleaded not guilty to four criminal charges. The charges accused him of using false claims of voter fraud to undermine the election results and thwart certification of his loss to Democratic President Joe Biden.
A revised indictment obtained by Smith in August preserved the same four charges first brought last year. However, it dropped allegations the Supreme Court found could not remain part of the case.
If Trump wins, he is likely to direct the Justice Department to drop the charges.
At Thursday’s hearing, Chutkan opted not to set a trial date. She noted that the immunity issue would likely wind up back before the Supreme Court.
Trump lawyer John Lauro urged Chutkan not to allow prosecutors to publicly air their evidence. He argued that it would be unfair to do so at a “sensitive time” ahead of the election.
His argument prompted a rebuke from Chutkan.
“I think what you’re trying to do is affect the presentation of evidence so as not to impinge on an election,” Chutkan said. She added that she is “not concerned with the electoral schedule.”
Case Delay
Lauro said Trump’s defense should first move to throw out the charges based on an argument that the grand jury that brought the revised indictment against Trump last month heard evidence barred by the Supreme Court’s ruling.
The case had been delayed for months while Trump pursued his immunity claim. He 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. This is for actions taken as part of their official responsibilities as president.
The court directed Chutkan to comb through the indictment to determine if any allegations are covered by immunity.
Chutkan ordered Trump to respond to prosecutors’ arguments by Oct. 17. She said she would determine later whether further proceedings are necessary.
(with inputs from Reuters)
