Special Counsel Jack Smith has decided not to pursue a key hearing to present evidence in the election-interference case against President Trump before the November 5 election, according to sources. This decision makes it unlikely that a “mini-trial,” featuring testimony from high-profile witnesses, will take place before voters head to the polls.
Instead, Smith and his team are now revising the case against Trump, with sources suggesting the delays caused by the Supreme Court’s recent ruling on presidential immunity make it impossible for a jury trial to take place before the election. Should Democratic nominee Kamala Harris win, Smith may still proceed with prosecuting Trump.
Trump campaign spokesperson Steven Cheung didn’t comment on Smith’s plans but reiterated that the cases against Trump are “witch hunts” and should be dismissed following the Supreme Court’s decision. The special counsel’s office declined to comment, and Trump’s lawyers have yet to respond.
The Supreme Court ruled that former presidents have broad immunity from prosecution for official duties but can still be held accountable for private actions. Judge Tanya Chutkan, who oversees the case in Washington, was expected to hold hearings before fall to determine which actions are protected by presidential immunity and which may still be prosecuted.
Both Smith and Trump’s lawyers are expected to submit briefings on August 30 ahead of a September 5 hearing before Judge Chutkan. Smith will likely outline a path forward during the hearing, though Chutkan could overrule him and order a significant hearing before the election.
Smith had initially pushed for a quick resolution to the case, asking the Supreme Court to expedite its ruling on presidential immunity. However, the court’s July decision has forced Smith to revise the charges or possibly issue a new indictment. Smith indicted Trump a year ago on charges including conspiracy to defraud the U.S. and obstruct the certification of the 2020 election. A separate case involving classified documents filed against Trump in Florida was dismissed last month by Judge Aileen Cannon.
