President Trump and Particular Counsel Jack Smith offered opposing arguments for the way the January 6 case will proceed in a joint status report filed late Friday night time forward of a standing convention scheduled for September 5.
On Tuesday Jack Smith indicted President Trump AGAIN in DC following the Supreme Court docket’s ruling on presidential immunity.
As TGP reported final week, Particular Counsel Jack Smith opted out of holding a ‘mini trial’ earlier than the November election and is ‘rigorously revising’ the January 6 case in opposition to Trump following the Supreme Court docket’s presidential immunity ruling based on a leak to Bloomberg.
Jack Smith’s prosecutors offered proof to a brand new grand jury with a purpose to recalibrate the case after the Supreme Court docket dominated Trump is immune from prosecution for ‘official acts’ as president.
The grand jury indicted Trump on the identical four charges that had been unveiled final August: Conspiracy to defraud the US, conspiracy to impede an official continuing, obstruction of and try to impede an official continuing, and conspiracy in opposition to rights.
Trump’s legal professionals argued that Trump is immune from federal prosecution for alleged ‘crimes’ dedicated whereas he served as US President.
In Jack Smith’s indictment final August, prosecutors asserted that President Trump sought to make use of the DOJ to assist him overturn the outcomes of the 2020 election.
Within the new 36-page indictment, Jack Smith’s prosecutors declare Trump’s actions weren’t ‘official acts’ as a result of his rally was privately funded and “privately organized.”
Jack Smith dropped Trump’s high DOJ official Jeffrey Clark from the superseding indictment primarily based on the Supreme Court docket’s immunity ruling.
Within the new indictment, Federal prosecutors argued that Trump used his X/Twitter account for “private functions.”
Within the joint standing report filed Friday night time, Jack Smith argued that presidential immunity set forth in Trump doesn’t apply to the classes within the superseding indictment that federal prosecutors will introduce at trial.
“The Authorities proposes that it file a gap transient wherein it’s going to clarify why the immunity set forth in Trump doesn’t apply to the classes of allegations within the superseding indictment or extra unpled classes of proof that the Authorities intends to introduce at trial and can proffer in its transient,” Jack Smith’s prosecutors wrote within the joint status report reviewed by The Gateway Pundit.
Trump’s legal professionals got here out swinging within the standing report, dismantled Jack Smith’s superseding indictment and asserted that President Trump will transfer to dismiss the Particular Counsel’s improper appointment and use of non-appropriated funds.
President Trump’s proposed pre-trial schedule:
“President Trump holds the suitable to problem the brand new indictment, and the underlying grand jury course of, as a matter of legislation,” Trump’s legal professionals wrote.
“Right here, President Trump is contemplating a number of challenges to the Superseding Indictment, every of which ought to be resolved in his favor as a matter of legislation and would obviate the necessity for additional proceedings,” Trump’s attorneys wrote.
“We imagine, and count on to reveal, that this case should finish as a matter of legislation,” they stated.
Trump’s legal professionals argued that the previous president is immune from prosecution following the Supreme Court docket’s ruling on presidential immunity.
Moreover, Trump’s attorneys identified that the Supreme Court docket already decided that his communications with then-Vice President Mike Pence had been “presumptively immune.”
“Particularly, in Trump, the Supreme Court docket held that President Trump is “not less than presumptively immune from prosecution for” all alleged efforts “to stress the Vice President to take specific acts in connection along with his position on the certification continuing.”” Trump’s legal professionals stated.
Nonetheless, Jack Smith saved Trump’s communications with Mike Pence in his superseding indictment.
“As well as, whereas persevering with to strongly keep that many lessons of conduct alleged within the Superseding Indictment are immune—together with, however not restricted to, Tweets and public statements concerning the federal 2020 Presidential election, communications with state officers concerning the federal election, and allegations referring to alternate slates of electors—President Trump might file a movement to dismiss targeted particularly on the Particular Counsel’s improper use of allegations associated to Vice President Pence, together with different potential key threshold motions,” Trump’s legal professionals stated.
Choose Tanya Chutkan, an Obama appointee, will determine how the case proceeds after the Supreme Court docket’s presidential immunity ruling.
A standing convention is scheduled for September 5.
