The Trump 2020 Election Case Will Return to Court

The Trump 2020 Election Case Will Return to Court

The former president’s and the special counsel’s attorneys will present their cases on how Judge Tanya Chutkan should decide which charges in the indictment remain open and which are subject to the Supreme Court’s immunity decision.

President Donald J. Trump in Dalton, Ga., in 2020. The federal election case accuses him of trying to overturn that year’s results.Credit…Erin Schaff/The New York Times

Here’s the latest on the hearing:

Following the Supreme Court’s decision to provide former President Donald J. Trump sweeping criminal protection, federal prosecutors and Mr. Trump’s attorneys will convene in court on Thursday to deliberate how to proceed with the case that alleges Mr. Trump is attempting to rig the 2020 election.

During a hearing in Federal District Court in Washington, Tanya S. Chutkan, the presiding judge, will hear the opposing views of Mr. Trump’s attorneys and prosecutors from the office of the special counsel, Jack Smith, regarding the best way to handle the difficult task of deciding which parts of the indictment should be thrown out due to the immunity decision and which can go to trial.

Trump will not attend the hearing:

Former President Donald J. Trump will not attend Thursday’s hearing in his federal election case in Washington. Instead, with exactly two months to Election Day, he will give two speeches on the campaign trail meant to address key issues.

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Mr. Trump will speak at noon to the Economic Club of New York, a nonpartisan organization of business leaders. His speech has been billed as a “major economic address.”

Here’s why Trump’s lawyers are in court for the election interference case:

The primary goal of the hearing on Thursday in the case against former President Donald J. Trump for allegedly trying to rig the 2020 election is to provide an answer to one single question: In light of the Supreme Court’s recent decision to grant Mr. Trump broad immunity from criminal prosecution, how should Tanya S. Chutkan, the presiding judge, proceed with the case?

In other words, the hearing will center on the legal procedures that will be employed in the subsequent, more substantial task of determining which charges against Mr. Trump should be dismissed due to the court’s decision to grant him immunity and which should be allowed to proceed with a trial.

The judge overseeing the case has weathered criticism from Trump:

When Judge Tanya S. Chutkan was first assigned former President Donald J. Trump’s case accusing him of interfering in the 2020 election, she worked to set up an efficiently paced trial.

But more than a year after the case landed in her courtroom, it is still in the pretrial stage. The hearing on Thursday has been a long time coming for a judge known for her expeditious manner.