Trump election subversion case back in court as judge holds hearing that could set its path forward

WASHINGTON (AP) — A judge will hear arguments Thursday about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges.

Prosecutors and defense lawyers submitted dueling proposals late Friday ahead of the status conference before U.S. District Judge Tanya Chutkan, who is presiding over the case charging Trump with plotting to overturn the results of the 2020 election in the run-up to the Jan. 6, 2021 riot at the U.S. Capitol. Trump is not expected to be present.

Special counsel Jack Smith’s team, which filed a new indictment last week to strip out certain allegations against Trump and comply with the Supreme Court ruling, said it could be ready at any time to file a legal brief laying out its position on how to apply the justices’ immunity opinion to the case.

Defense lawyers, by contrast, said they intended to file multiple motions to dismiss the case, including one that piggybacks off a Florida judge’s ruling that said Smith’s appointment was unconstitutional.

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