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Jack Smith hopes to expedite Trump's appeals against election interference charges due to delays.

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September 6, 2024

Washington: No date has yet been scheduled for former President Donald Trump’s federal trial over his efforts to overturn his 2020 presidential loss through spread of unsubstantiated, objectively unreasonable and ever-changing claims of mass voter fraud, according to an indictment filed earlier this year. U.S. district court proceedings began last Thursday for Trump. Chutkan said Thursday she will not allow the 2024 presidential election to determine her case schedule, noting that Trump attorney John Lauro seems to think otherwise and believes this may impact pre-trial briefing sessions and pre-trial briefing schedule. “What you appear to be trying to accomplish here is alter the presentation of evidence in order to not interfere with a presidential election,” Chutkan asserted. She acknowledged there would soon be elections taking place but noted this court is uninterested in electoral schedules. Chutkan noted that this case had been “pending for over one year”, yet noted he could not even consider setting a trial date due to outstanding appellate issues. Chutkan noted the ongoing appellate proceedings as one reason against setting an immediate trial date; she stated it would be “an exercise in futility” at this stage in setting one. Instead, Chutkan indicated she would carefully consider all arguments raised before issuing her schedule in this matter. On Thursday afternoon she also accepted President Donald Trump’s not guilty plea entered on his behalf by former National Security Adviser Michael Lauro after signing paperwork authorizing Lauro to do so on Trump’s behalf. “Our aim should be to structure a schedule which results in just one additional interlocutory appeal,” according to federal prosecutor Thomas Windom of Smith’s office. He added, “All immunity determinations should occur simultaneously.” Lauro, Trump’s lawyer, noted that their defense plans include contesting both his indictment as well as Smith’s appointment. “There’s an unlawful prosecutor and unlawful indictment,” Lauro claimed, noting that Smith wasn’t authorized by law as special counsel and labeling her as an individual acting without legal authorisation – in other words a private citizen.” “…A federal judge appointed by President Trump in Florida found Smith unsuitably appointed when she overruled a separate classified documents lawsuit brought against Trump last July; such an outcome could affect many special counsels appointed throughout their careers.” Merrick Garland, Attorney General for the Justice Department and Smith’s nominee, told NBC News that U.S. District Judge Aileen Cannon’s ruling was flawed: “Do I look like somebody who would make such basic errors of law? No. That just wouldn’t happen with me as Attorney General.” Chutkan told court Thursday she did not find Florida judge’s ruling persuasive and issued a scheduling order to extend pre-trial briefing for this case past election day.” Chutkan gave Smith’s office until Sept. 26 to submit its opening brief in regards to presidential immunity issues; briefing will continue through Oct. 29, at which point Chutkan “will determine whether further proceedings are required”. Federal prosecutors have charged over 1,400 defendants related to the Jan. 6 attack and secured over 1,000 convictions so far.” Over 500 of those involved have received prison terms ranging from probationary sentences to 22-year federal imprisonment for former Proud Boy chairman Enrique Tarrio’s conviction on seditious conspiracy.

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