Jack Smith, the special counsel, is said to be leaning against requesting a public courtroom hearing where he could broadly set out the evidence that the former president sought to overturn the 2020 election.
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Trump supporters marching toward the Capitol on Jan. 6, 2021.
Prosecutors in the federal case accusing former President Donald J. Trump of trying to overturn the 2020 election now appear unlikely to seek a broad public airing of their evidence in a courtroom before Election Day, according to two people familiar with the matter.
The special counsel pursuing the case, Jack Smith, is leaning against requesting a hearing in the next few months in which he could set out in expansive form the evidence behind his indictment of Mr. Trump, the people said.
The prospect of a courtroom hearing this fall in which the prosecutors would present their evidence in something resembling a “mini-trial” was one possible result of the Supreme Court’s landmark ruling this summer that former presidents enjoy broad immunity for official actions they took in office.
The Supreme Court directed the trial judge in the case, Tanya S. Chutkan, to rule on which charges against Mr. Trump can survive the immunity decision and which must now be thrown out.
Judge Chutkan, the prosecutors and Mr. Trump’s defense team are now working out a process for how Judge Chutkan will make that determination.
While Judge Chutkan could in theory still order such a hearing to be held, Mr. Smith’s prosecution team is leaning against asking her for an expansive proceeding where witnesses would provide live testimony about the case, the people familiar with the matter said.
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Source: nytimes.com
