The Supreme Court ruled last month that presidents enjoy a presumption of immunity for official actions. This created problems for Special Counsel Jack Smith, who is prosecuting former President Donald Trump over conduct tied to the 2020 election.
While some observers thought Smith would immediately push for a mini-trial to determine which of Trump's actions were official in nature, he has apparently quit the idea.
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Sources: Smith will not pursue pre-election hearing
In an article published this past Friday, Bloomberg cited sources within the special counsel's office who stated that Smith will not ask for an evidentiary hearing before voters go to the polls in November.
Rather, members of his team are said to be "carefully revising the case against Trump" while deciding how they should proceed.
According to Bloomberg, this news "is a win" for the former president as it lessens the possibility that more damaging material will emerge as he campaigns.
The publication also pointed out that should Trump be victorious in November, then "the case would collapse as the Justice Department has a policy against prosecuting sitting presidents."
Former prosecutor discusses Smith's motives
Former federal prosecutor Mary McCord serves as executive director of the Institute for Constitutional Advocacy and Protection at Georgetown Law School, and she laid out the possible strategic reasons behind Smith's move.
McCord suggested that the special counsel may not want to "show his hand" by revealing important evidence or witnesses at this stage.
Although McCord acknowledged the possibility that Chutkan could overrule the special counsel and order a major hearing, she sees this as being unlikely.
"If there’s a way forward that narrows the issues substantially that the government is proposing, and potentially even the Trump team would agree to, that’s just better for all concerned," McCord told Bloomberg before adding, "It avoids some of the really tricky issues."
Trump spokesperson says case should be thrown out
Brandon Van Grack is another former prosecutor who now works as a partner at the law firm Morrison & Foerster, and he noted that Smith's priorities appear to have changed.
Whereas the special counsel asked the Supreme Court to quickly resolve questions of immunity in order for Trump's trial to conclude before Americans voted, that is no longer possible.
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"The charges are already out there," Bloomberg quoted Van Grack as saying. "You can understand why the department and public would have an incentive to resolve these questions before an election, but that can't happen now."
Bloomberg noted that for his part, Trump's spokesman Steven Cheung refused to comment on Smith's plan but did tell Bloomberg that the former president's cases are "witch hunts" and should be dismissed.
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