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Trump trial stemming from Jack Smith’s probe delayed past Election Day

Federal Judge Tanya Chutkan will not hold the trial for former President Trump on charges stemming from Special Counsel Jack Smith’s Jan. 6 investigation until after the 2024 presidential election. 

Chutkan held a status hearing Thursday morning in U.S. District Court for the District of Columbia, in which lawyers for Trump pleaded not guilty on his behalf related to charges from Smith’s new indictment after the Supreme Court ruled a president is immune from prosecution for official acts in office.

In an order Thursday afternoon, Chutkan set deadlines for replies and paperwork from federal prosecutors and Trump’s legal team for Nov. 7 — after Election Day. 

Trump did not appear in court Thursday. His lawyers pleaded not guilty on his behalf. Smith was in court Thursday morning. 

The case pertains to Trump’s alleged efforts to overturn the results of the 2020 presidential election. Last week, the former president was indicted and issued revised criminal charges by Smith, who alleges Trump pressured former Vice President Mike Pence to reject legitimate electoral votes, in addition to mounting fake electors in key states that went to President Biden and to attest to Trump’s electoral victory.

The new indictment keeps the prior criminal charges but narrows and reframes the allegations against the Republican presidential nominee after a Supreme Court ruling that conferred broad immunity on former presidents.

Specifically, the indictment has been changed to remove allegations involving Department of Justice officials and other government officials. It clarifies Trump’s role as a candidate and makes clear the allegations regarding his conversations with then-Vice President Pence in his ceremonial role as president of the Senate.

The new indictment removes a section of the previous indictment that had accused Trump of trying to use the Justice Department to undo his 2020 loss. The Supreme Court recently ruled in a 6-3 decision that Trump was immune from prosecution for official White House acts.

Trump has been charged with 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. Those charges, to which Trump pleaded not guilty, remain. 

Smith alleges Trump participated in an effort to enlist slates of fake electors in key states won by Biden to attest that Trump had in fact won and that Trump pressured Pence to reject legitimate electoral votes.

The special counsel’s office said the updated indictment, filed in federal court in Washington, D.C., was issued by a grand jury that had not previously heard evidence in the case. The new grand jury has only heard this new information.

Sources familiar with the matter tell Fox News that discussions surrounding the superseding indictment will likely not speed things up, and it is unlikely it will go to trial before the November election. 

The Associated Press contributed to this report.

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