Unraveling Trump's Jan. 6 case: Where do things stand one year later?

[KARAH RUCKER]

THE FEDERAL ELECTION INTERFERENCE CASE AGAINST FORMER PRESIDENT TRUMP –

WHERE DO THINGS CURRENTLY STAND?

RIGHT NOW – FAR OFF FROM A TRIAL –

AFTER A YEAR OF SMALL WINS AND LOSSES FOR BOTH THE PROSECUTION AND DEFENSE.

IT’S BEEN MORE THAN A YEAR SINCE TRUMP WAS FIRST CHARGED IN THE JANUARY SIXTH CASE BY SPECIAL COUNSEL JACK SMITH.

AND A LOT HAS HAPPENED SINCE.

JUDGE TANYA CHUTKAN RULED AGAINST TRUMP’S ARGUMENT OF PRESIDENTIAL IMMUNITY – WHICH TRIGGERED AN APPEAL BY TRUMP’S TEAM –

AND PUT THE CASE ON PAUSE WHILE THE IMMUNITY APPEAL PLAYED OUT.

ULTIMATELY – THE SUPREME COURT RULING OVER THE SUMMER TRUMP DOES HAVE IMMUNITY FROM PROSECUTION FOR OFFICIAL ACTS WHILE HE WAS PRESIDENT.

THIS LED TO THE PROSECUTION – REWORKING THEIR CASE AGAINST TRUMP –

AND FILING A SUPERSEDING INDICTMENT.

THAT BRINGS US TO TODAY. –

STILL FAR OFF FROM AN ACTUAL TRIAL –

BUT TWO KEY PARTS OF HOW THE CASE WILL BE PRESENTED TO A JURY – ARE PLAYING OUT AT ONCE.

ONE – PART OF THE PROSECUTION’S MASSIVE 180 PAGE BRIEF DETAILING THEIR CASE AGAINST TRUMP WAS MADE PUBLIC.

JACK SMITH WANTS HIS FULL FILING TO BE MADE PUBLICLY AVAILABLE –

WHICH INCLUDES THINGS LIKE FULL WITNESS INTERVIEWS THAT HE WOULD SHOW THE JURY TO MAKE HIS CASE.

TRUMP’S TEAM WANTS THE SEALED PART OF SMITH’S FILING TO REMAIN UNDER SEAL UNTIL AFTER THE ELECTION –

SAYING THE RELEASE DURING EARLY VOTING “CREATES A CONCERNING APPEARANCE OF ELECTION INTERFERENCE.”

TRUMP’S LAWYERS ARE TO RELEASE THEIR OWN FILING RESPONDING TO SMITH’S ALLEGATIONS ON NOVEMBER 14TH AND WANTS THE JUDGE TO RELEASE SMITH’S ON THE SAME DAY.

TRUMP’S LAWYERS ARGUING THIS WOULD ALLOW THE PRESS TO COVER BOTH SIDES OF THE CASE.

JUDGE CHUTKAN IS THE ONE THAT WILL DECIDE WHETHER THE PUBLIC SEES THE PROSECUTION’S CASE AGAINST TRUMP BEFORE OR AFTER THE ELECTION.

THE OTHER PART OF THIS –

IS TRUMP’S TEAM ACTIVELY WORKING TO GET CHARGES AGAINST HIM TOSSED –

AFTER OTHERS CHARGED WITH JANUARY SIXTH CRIMES HAD OBSTRUCTION CHARGES DROPPED AGAINST THEM.

ANOTHER SUPREME COURT RULING OVER THE SUMMER RESULTED IN HUNDREDS OF INDIVIDUALS CHARGED WITH JANUARY SIXTH CRIMES TO HAVE “OBSTRUCTION CHARGES” DISMISSED AFTER THE HIGH COURT RULED THE DOJ “MISUSED THE LAW” TO CHARGE PEOPLE AT THE CAPITOL.

NOW TRUMP – WANTS THE SAME TREATMENT IN HIS CASE –

CITING THE SUPREME COURT’S FISHER CASE RULING IN HIS ARGUMENT TO TOSS TWO OBSTRUCTION CHARGES – IN A FILING LOOKING TO HAVE THE WHOLE CASE WIPED –

WHILE STILL ARGUING PRESIDENTIAL IMMUNITY FROM SMITH’S CHARGES.

TRUMP’S LAWYERS SAYING IN A FILING

“Under Fischer, the Office may not use the statute as a catchall provision to criminalize otherwise-lawful activities selectively mischaracterized as obstructive by those with opposing political views.

The Superseding Indictment stretches generally applicable statutes beyond their breaking point based on false claims that President Trump is somehow responsible for events at the Capitol on January 6, 2021.”

SMITH RESPONDING IN A FILING THIS WEEK –

SAYING “Contrary to the defendant’s claim … that he bears no factual or legal responsibility for the ‘events on January 6,’ the superseding indictment plainly alleges that the defendant willfully caused his supporters to obstruct and attempt to obstruct the proceeding by summoning them to Washington, D.C., and then directing them to march to the Capitol.”

IT’S BEEN A TUMULTUOUS AND CONVOLUTED CASE SPANNING 14 MONTHS.

A CASE MANY INITIALLY THOUGHT WOULD HAVE MADE IT TRIAL BY MARCH OF THIS YEAR –

NOW A JURY TRIAL PROBABLY WON’T BEGIN UNTIL AT LEAST 2025.

BUT WHAT HAPPENS ON ELECTION DAY IN LESS THAN THREE DAYS –

COULD FLIP THIS CASE ON ITS HEAD.

GIVEN IF TRUMP WINS THE PRESIDENCY –

HE COULD TOSS THE ENTIRE CASE.

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