A U.S. judge on Thursday accused Donald Trump’s lawyers of trying to stop potentially damaging evidence of his effort to overturn his 2020 election loss from becoming public before the Nov. 5 election, while acknowledging the case would not go to trial before then.
U.S. District Judge Tanya Chutkan also gave prosecutors what is likely their last chance to divulge evidence in the case before the election, ordering Special Counsel Jack Smith to respond by Sept. 26 to a ruling from the U.S. Supreme Court that former presidents have broad immunity from criminal prosecution.
Thomas Windom, a prosecutor in Smith’s office, told Chutkan prosecutors were prepared to reveal potentially new evidence in their filing to argue that their remaining case against Trump is not affected by the high court’s ruling and should proceed to trial.
Republican former President Trump will face Democratic Vice President Kamala Harris in the November election.
Trump, who did not attend the hearing, pleaded not guilty to four criminal charges accusing him of using false claims of voter fraud to undermine the election results and thwart certification of his loss to Democratic President Joe Biden.
A revised indictment obtained by Smith in August preserved the same four charges first brought last year, but dropped allegations the Supreme Court found could not remain part of the case.
If Trump wins, he is likely to direct the Justice Department to drop the charges.
At Thursday’s hearing, Chutkan opted not to set a trial date, noting that the immunity issue would likely wind up back before the Supreme Court.
Trump lawyer John Lauro urged Chutkan not to allow prosecutors to publicly air their evidence, arguing it would be unfair to do so at a “sensitive time” ahead of the election.
His argument prompted a rebuke from Chutkan.
“It strikes me that what you’re trying to do is affect presentation of evidence in this case so as not to impinge on an election,” Chutkan told Lauro, adding that she is “not concerned with the electoral schedule.”
