Trump's legal team looking to mount a lengthy defense against Jack Smith case

By 
 September 2, 2024

Former President Donald Trump and his legal team are looking to mount a strong defense to special counsel Jack Smith's latest indictment of him. 

The Washington Examiner reports that Trump's legal team will raise "several challenges" to Smith's case.

We'll begin by getting you up to speed with the new case.

Then, we'll look at how Trump's team is planning to defend the former president.

Round two

This all regards the so-called election interference case that Smith has brought against Trump in Washington, D.C. Smith ran into some serious problems in the case after the U.S. Supreme Court ruling that U.S. presidents have immunity from prosecution for official acts.

Subsequently, the case was sent back to the D.C. court to determine which of the acts that Trump is being prosecuted for are official acts and which are unofficial acts. Just to be clear, Trump, in light of the Supreme Court's ruling, can only be prosecuted for unofficial acts.

Last week, the Associated Press reported that Smith filed a new indictment against Trump.

Per the outlet:

The new indictment removes a section of the indictment that had accused Trump of trying to use the law enforcement powers of the Justice Department to overturn his election loss, an area of conduct for which the Supreme Court, in a 6-3 opinion last month, said that Trump was absolutely immune from prosecution.

Other than that, the charges essentially remain the same.

Looking forward

Smith, previously, was trying to obtain a guilty conviction of Trump before the 2024 presidential election. Now, however, it does not appear as though this will happen.

The Examiner reports:

Former President Donald Trump plans to ask a court in Washington, D.C., to dismiss his election interference case on several grounds, and he argued in a late Friday night court filing that he would need months to do this.

The outlet goes on to report that "Trump's attorneys proposed a newly revised schedule for the case that stretches into mid-2025 and includes various proposed due dates that would occur all throughout the final weeks of the election and beyond."

Of course, just because Trump's legal team proposed something does not mean that the judge will accept the proposal. The case is being overseen by Judge Tanya Chutkan, who has deep Democratic ties.

Next up in the case will be a hearing that is scheduled for Sept. 5. There, both sides will argue about how the case ought to proceed.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson