The Battle Heats Up
Jan 15, 2024•2 min
Episode description
The latest developments in the legal face-off between Special Counsel Jack Smith and former President Donald Trump involve several key aspects:
Trump's Immunity Claim: Trump's defense team has argued that he has broad immunity from prosecution for his role in attempting to stop the certification of the 2020 election and inciting a riot at the U.S. Capitol. However, U.S. District Judge Tanya Chutkan previously denied Trump's immunity claim, leading to a pause in the case until this question is resolved. The prosecution, led by Jack Smith, cites a past attempt by Trump in the Trump vs. Vance case where Trump argued that presidential immunity would expire once the president leaves office. Smith's team warns of the risks of granting broad immunity, suggesting it could protect a president from numerous serious offenses.
Contempt of Court Motion: Trump accused Special Counsel Jack Smith of violating a court order that put the former president’s election-interference prosecution on hold while he appeals the ruling that struck down his immunity defense. Trump’s lawyers argued that Smith and his team wrongfully continued to file new motions and serve documents despite the stay of the case.
Appeal Hearing and Charges: A DC federal appeals court is set to hear oral arguments on whether Trump is entitled to dismissal of Smith’s 2020 election case against him because of presidential immunity. The charges brought by Smith include conspiracy to defraud the United States, conspiracy to obstruct and obstruction of an official proceeding, and conspiracy against the right to vote. The appeal follows the denial of a dismissal request by the DC federal district court judge overseeing the trial. The hearing is part of the pre-trial motions stage, focusing not on the substance of the charges but on whether the case should proceed at all.
This situation remains dynamic, with the potential for significant legal and political implications, especially considering Trump's ongoing campaign for the Republican nomination for re-election.
Trump's Immunity Claim: Trump's defense team has argued that he has broad immunity from prosecution for his role in attempting to stop the certification of the 2020 election and inciting a riot at the U.S. Capitol. However, U.S. District Judge Tanya Chutkan previously denied Trump's immunity claim, leading to a pause in the case until this question is resolved. The prosecution, led by Jack Smith, cites a past attempt by Trump in the Trump vs. Vance case where Trump argued that presidential immunity would expire once the president leaves office. Smith's team warns of the risks of granting broad immunity, suggesting it could protect a president from numerous serious offenses.
Contempt of Court Motion: Trump accused Special Counsel Jack Smith of violating a court order that put the former president’s election-interference prosecution on hold while he appeals the ruling that struck down his immunity defense. Trump’s lawyers argued that Smith and his team wrongfully continued to file new motions and serve documents despite the stay of the case.
Appeal Hearing and Charges: A DC federal appeals court is set to hear oral arguments on whether Trump is entitled to dismissal of Smith’s 2020 election case against him because of presidential immunity. The charges brought by Smith include conspiracy to defraud the United States, conspiracy to obstruct and obstruction of an official proceeding, and conspiracy against the right to vote. The appeal follows the denial of a dismissal request by the DC federal district court judge overseeing the trial. The hearing is part of the pre-trial motions stage, focusing not on the substance of the charges but on whether the case should proceed at all.
This situation remains dynamic, with the potential for significant legal and political implications, especially considering Trump's ongoing campaign for the Republican nomination for re-election.
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