Jack Smith asks judge in Jan. 6 case to address immunity as Trump seeks dismissal

Legal representatives for Donald Trump and special counsel Jack Smith disagree on the way forward in the former president's case involving alleged election interference , both sides indicated in a joint filing late Friday.

Following the recent revised indictment in which Smith adjusted the original charges to align with the Supreme Court's latest ruling on presidential immunity, Smith, in Friday's filing, declined to propose a schedule for the case -- stating that "managing the court's docket is within its discretion" -- while Trump's legal team suggested delaying any in-person proceedings until after the November election.

Trump last August entered a plea of not guilty to federal charges of engaging in a "criminal conspiracy" to overturn the results of the 2020 election to stay in power. Last month, in a landmark ruling , the Supreme Court determined that Trump is entitled to immunity from criminal prosecution for official actions taken while in office.

Smith, in Friday's joint filing, urged U.S. District Judge Tanya Chutkan to address the Supreme Court's immunity decision "as a priority," while Trump's lawyers asked the court to immediately consider dismissing the case based on the legality of Smith's appointment before moving to the immunity issue.

"The parties acknowledge the types of legal motions and written arguments expected in pre-trial proceedings but have differing opinions on how the Court should schedule these matters and the way they are to be conducted," the filing said.

Instead of proposing in-person hearings -- which could have led to a condensed trial-like process before the election -- Smith recommended the court accept written legal arguments about presidential immunity to "differentiate [Trump's] personal campaign activities from official actions." If Trump's legal team raised other issues, Smith requested the court to simultaneously consider these issues alongside the immunity question.

Such a schedule could swiftly resolve the question of presidential immunity and prepare the case for trial, although Trump is likely to challenge his immunity claim if Chutkan rules against him.

In this July 31, 2024, file photo, Republican presidential candidate former President Donald Trump waits on stage to speak at a campaign rally, in Harrisburg, Pa.
Alex Brandon/AP, FILE

"The Government is ready to submit its initial legal arguments on immunity promptly, whenever the Court deems it appropriate," the filing stated.

Trump's lawyers requested Chutkan to first examine the legality of Smith's appointment as special counsel and the funding allocated to the position -- the issue that prompted a Florida judge to dismiss the former president's classified documents case last month -- before considering whether to dismiss the indictment based on presidential immunity. Defense attorneys proposed a hearing about Smith's appointment in December followed by a non-evidentiary hearing on immunity in late January.

"We are confident, and expect to prove, that this case must be dismissed as a matter of law," Trump's lawyers stated in the filing.

Defense attorneys also indicated their intention to argue that the indictment should be dismissed because the grand jury considered evidence regarding Vice President Mike Pence's involvement in the certification process, which they believe falls under presidential immunity.

"If the Court finds, as it should, that the Special Counsel cannot overcome the presumption that these actions are protected by immunity, legal precedent mandates that the entire indictment be dismissed because the grand jury reviewed evidence protected by immunity," the filing stated.

Chutkan had previously scheduled a Sept. 5 hearing to outline the next steps for the case, which has been stalled for a significant period and has not had an in-person court session since last year.

The developments regarding the January 6th events are just one aspect of the numerous legal challenges Trump faces in the months leading up to the election.

On Monday, prosecutors from the special counsel's office challenged a federal judge's ruling to dismiss the charges in Trump's classified documents case.

Trump is also scheduled to be sentenced in New York on September 18 after being found guilty on 34 counts of falsifying business records. The former president has made numerous attempts to postpone the sentencing, including a last-minute effort to transfer the case to federal court.

"At a potential sentencing hearing, President Trump faces the possibility of immediate and unlawful imprisonment under New York law, which could impede his continued campaign for the Presidency," Trump's lawyers stated in a filing on Thursday.