Donald Trump pleaded not guilty on Thursday to criminal charges in a revised federal indictment accusing the former US president of attempting to overturn his defeat in the 2020 election.
Mr Trump’s lawyers entered the plea on his behalf at the start of a court hearing in Washington focused on how the case should proceed after the US supreme court ruled that former presidents have broad immunity from criminal prosecution.
Mr Trump, the Republican candidate in the November 5th presidential election, is not attending the hearing.
The new indictment, brought in August, included the same four charges as the one obtained last year by Special Counsel Jack Smith, but dropped allegations the supreme court found could not remain part of the case.
US district judge Tanya Chutkan is expected to consider duelling proposals from Mr Smith, who is seeking to press the case forward, and Mr Trump, who is pushing to delay action until after the election. The supreme court directed Ms Chutkan to decide whether any other portions of the case must be tossed out.
Mr Trump faces four criminal charges that accuse him of using false claims of voter fraud to undermine the election results and thwart certification of his defeat to Democratic president Joe Biden.
The case had been delayed for months while Trump pursued his immunity claim and is virtually certain not to go to trial before Mr Trump faces Democratic vice-president Kamala Harris in the election.
Mr Trump has argued that the prosecution as well as other legal cases against him are politically motivated attempts to undermine his presidential campaign.
The supreme court ruled in a 6-3 decision in July that former presidents are presumed to be immune from criminal prosecution for actions taken as part of their official responsibilities as president.
Mr Smith has argued that all the remaining allegations are not covered by the immunity ruling and can proceed to trial.
Prosecutors have said that they are prepared to file court papers laying out their argument “at any time the court deems appropriate”.
Mr Trump’s lawyers, meanwhile, have suggested that Ms Chutkan should not begin weighing the impact of the immunity ruling until December, after the election.
If Mr Trump wins the election, he is expected to direct the justice department to drop the charges.
Mr Trump has proposed that his lawyers first move to dismiss the case based on an argument that Mr Smith was unlawfully appointed as special counsel under the US constitution.
Mr Trump used the same argument to convince a federal judge in Florida who was appointed by Mr Trump to throw out a second criminal case, also brought by Mr Smith, accusing him of illegally holding on to classified documents after leaving office. Mr Smith’s office is appealing that decision.
The federal appeals court in Washington has previously upheld the authority of special counsels to handle certain sensitive investigations. – Reuters