Attorneys for former President Donald Trump said he would enter a plea of not guilty Thursday to fresh charges of election interference charges in Washington D.C. as the judge decides how to proceed.
Special counsel Jack Smith and Trump’s defense team remain at odds over how the can case proceed after a U.S. Supreme Court ruling in July found presidents are protected from prosecution for official acts while in office. The high court ruled that presidents and former presidents of the United States have “absolute immunity” when acting on core constitutional duties and “presumptive immunity” on other matters. The court said unofficial acts are not protected.
Last week, a Washington D.C. grand jury re-indicted Trump on a slightly different indictment that essentially re-alleges that Trump conspired to undermine the 2020 election.
Judge Tanya Chutkan said her ruling on scheduling matters would be “forthcoming.”
Trump, the Republican nominee for president, faces Vice President Kamala Harris in the Nov. 5 election.
Prosecutors said the superseding indictment addresses the immunity issues in the Supreme Court decision.
“The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions in Trump v. United States,” Special counsel Jack Smith’s team wrote in court filings.
The superseding indictment contains the same four charges from the earlier indictment.
Trump had denied wrongdoing and blamed his political enemies for his ongoing criminal and civil legal battles.
Trump’s defense team has asked for more time to review the new indictment. Smith’s team wants the judge to allow the case to proceed.
Smith has asked an appeals court to review Trump’s other case in Florida. Judge Aileen Canon ruled in that case that Smith was illegally appointed and lacked authority to bring the prosecution, according to The Hill.
