Special Counsel Jack Smith opted out of holding a ‘mini trial’ before the November election and is ‘carefully revising’ the January 6 case against Trump following the Supreme Court’s presidential immunity ruling according to a leak to Bloomberg.
Jack Smith will not seek a hearing to present evidence and witnesses in the January 6 case against Trump in DC.
Last September Trump was hit with 4 counts in Jack Smith’s January 6 case up in DC: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Trump’s lawyers argued that Trump is immune from federal prosecution for alleged ‘crimes’ committed while he served as US President.
In July the Supreme Court ruled 6-3 that Trump has absolute immunity for his core Constitutional powers.
The high court earlier this year also delivered a devastating blow to Biden’s corrupt Justice Department and overturned the obstruction charge used to jail hundreds of January 6 defendants.
The ruling knocked out a substantial part of Jack Smith’s DC case against Trump.
The January 6 case got bounced back to Judge Tanya Chutkan and she granted Jack Smith’s request to delay the case.
A status report is due by August 30 and the status conference is continued until September 5.
In the meantime Jack Smith is revising his case against Trump since there is no chance of going to trial before the presidential election.
Bloomberg reported:
Special Counsel Jack Smith has decided against seeking a major hearing to present evidence in the election-interference case against Donald Trump before voters go to the polls Nov. 5, according to people familiar with the matter.
The move means that it’s unlikely a so-called mini-trial, which would include evidence and testimony from possible blockbuster witnesses like former Vice President Mike Pence, would take place before the presidential election.
Such a hearing would have been the best chance for voters to review evidence about Trump’s efforts to overturn the 2020 election result as he campaigns to regain the White House.
The decision is a win for Trump and his lawyers, who have fought efforts to reveal the substance of allegations against the former president. If Trump wins the election, the case would collapse as the Justice Department has a policy against prosecuting sitting presidents. Trump could also order the department to throw it out.
Instead, Smith and his team are carefully revising the case against Trump, according to the people familiar, who asked not to be named discussing a confidential matter. The case has no chance of going to a jury trial before the election as a result of delays stemming from the Supreme Court’s ruling last month that he has some presidential immunity from criminal charges. If Democratic nominee Kamala Harris wins the election, Smith could still proceed with prosecuting Trump.
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