A federal judge will consider how to proceed with special counsel Jack Smith’s election interference case against Donald Trump during a hearing later this month, according to a brief order Saturday.
The judge overseeing the case, Tanya Chutkan, scheduled a hearing for Aug. 16 to consider how the case should move forward. Trump is not required to attend the hearing, she said.
It will be the first time the case is back in court since the Supreme Court granted Trump sweeping immunity for official acts as president – a ruling that may gut Smith’s prosecution.
Chutkan also asked both prosecutors and defence attorneys to propose a new schedule for the case going forward by Aug. 9. That filing will give insight into what Smith believes should happen next. CNN previously reported that prosecutors in Smith’s office have been preparing to move ahead with the case, even though they face a more difficult path as some evidence obtained in the investigation may be considered off limits because of the Supreme Court ruling.
As part of the order Saturday, Chutkan also denied one of the former presidents’ motions to toss the case. She said that the motion, which asked for Chutkan to dismiss the case because prosecutors failed to state specifically how he broke the law, could be refiled once issues of presidential immunity were resolved.