Bloomberg

Trump Special Counsel Opts Against Mini-Trial Before Election

Chris Strohm

Fri, August 23, 2024 at 10:48 AM PDT

(Bloomberg) – Special Counsel Jack Smith has decided against seeking a major hearing to present evidence in the election-interference case against Donald Trump before voters go to the polls Nov. 5, according to people familiar with the matter.

The move means that it’s unlikely a so-called mini-trial, which would include evidence and testimony from possible blockbuster witnesses like former Vice President Mike Pence, would take place before the presidential election.

Such a hearing would have been the best chance for voters to review evidence about Trump’s efforts to overturn the 2020 election result as he campaigns to regain the White House.

The decision is a win for Trump and his lawyers, who have fought efforts to reveal the substance of allegations against the former president. If Trump wins the election, the case would collapse as the Justice Department has a policy against prosecuting sitting presidents. Trump could also order the department to throw it out.

Instead, Smith and his team are carefully revising the case against Trump, according to the people familiar, who asked not to be named discussing a confidential matter. The case has no chance of going to a jury trial before the election as a result of delays stemming from the Supreme Court’s ruling last month that he has some presidential immunity from criminal charges. If Democratic nominee Kamala Harris wins the election, Smith could still proceed with prosecuting Trump.

Trump campaign spokesman Steven Cheung didn’t comment on Smith’s plan. He said Trump’s team will continue to fight the cases against him, calling them “witch hunts” that should be dismissed in light of the Supreme Court’s ruling.

The special counsel’s office declined to comment. Trump’s lawyers didn’t immediately respond to a request for comment.

Landmark Ruling

The Supreme Court’s landmark ruling held that former presidents have broad immunity from prosecution over conduct related to their official duties, but not for private acts. District Judge Tanya Chutkan in Washington, who is overseeing the case, had been expected to hold hearings before the fall to examine which alleged conduct are official acts that can’t be prosecuted and which are private acts that can still be charged following the high court’s ruling.

(Smith should back to the Hague very soon, he's the target now)

https://www.yahoo.com/news/trump-special-counsel-opts-against-174821060.html