Special Counsel Jack Smith has reportedly chosen to forego a preliminary hearing, often referred to as a "mini trial," before the upcoming November election.
This decision comes in the wake of the Supreme Court's ruling on presidential immunity, which has necessitated a careful revision of the January 6 case against former President Donald Trump. This information was leaked to Bloomberg.
According to Gateway Pundit, Smith will not be pursuing a hearing to present evidence and witnesses in the January 6 case against Trump in Washington, D.C. In September of last year, Trump was charged with four counts in Smith's case: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Trump's legal team has consistently maintained that Trump is immune from federal prosecution for alleged offenses committed during his tenure as U.S. President. In a landmark ruling in July, the Supreme Court, in a 6-3 decision, affirmed that Trump has absolute immunity for his core Constitutional powers.
Earlier this year, the high court also dealt a significant blow to President Biden's Justice Department by overturning the obstruction charge used to incarcerate hundreds of January 6 defendants. This ruling effectively dismantled a significant portion of Smith's case against Trump in D.C.
The January 6 case was subsequently returned to Judge Tanya Chutkan, who approved Smith's request to postpone the case. A status report is due by August 30, and the status conference has been rescheduled for September 5.
In the interim, Smith is reportedly revising his case against Trump, as there is no possibility of proceeding to trial before the presidential election. Bloomberg reported, "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 November 5, according to people familiar with the matter."
This decision implies that a 'mini-trial,' which could have included evidence and testimony from potential key witnesses like former Vice President Mike Pence, will not occur before the presidential election. Such a hearing could have provided voters with an opportunity to review evidence pertaining to Trump's efforts to overturn the 2020 election results as he campaigns to reclaim the presidency.
This development is seen as a victory for Trump and his legal team, who have resisted attempts to disclose the substance of allegations against the former President. If Trump emerges victorious in the election, the case would likely collapse, given the Justice Department's policy against prosecuting sitting presidents. Furthermore, Trump could potentially instruct the department to dismiss the case.
Meanwhile, Smith and his team are meticulously revising the case against Trump. The case has no chance of proceeding to a jury trial before the election due to delays resulting from the Supreme Court's ruling last month on presidential immunity from criminal charges. However, if Democratic nominee Kamala Harris wins the election, Smith could still proceed with prosecuting Trump.
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