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Legal Battle Over Trump Prosecution May Reach Supreme Court

Donald Trump Supreme Court Donald Trump speaks after arriving at New York Supreme Court, Thursday, Dec. 7, 2023, in New York

The legal battle surrounding special counsel Jack Smith's ability to prosecute former President Donald Trump for alleged misconduct detailed in a recent filing may lead to the case returning to the Supreme Court.

Trump is anticipated to counter prosecutors' arguments in his own filing, contending that the case should be dismissed based on the Supreme Court's immunity ruling. Federal Judge Tanya Chutkan might opt for oral arguments before determining which aspects of the case to retain and which to discard.

Judge Chutkan has acknowledged that regardless of her ruling on immunity issues, it is likely to be appealed to higher courts before a trial takes place. The potential impact of such an appeal on the proceedings in Chutkan's court remains uncertain, given past delays caused by immunity-related appeals. As of now, no trial date has been scheduled.

Trump may argue for case dismissal based on Supreme Court immunity ruling.
Special counsel Jack Smith's prosecution of Trump faces legal challenges.
Judge Chutkan may hold oral arguments to decide on case aspects.

Furthermore, additional evidence may surface in the coming days. A substantial appendix accompanying the recent filing remains sealed, prompting Judge Chutkan to request input from both parties on the extent to which it should be made public.

The appendix contains materials such as grand jury transcripts and FBI interview notes from the extensive investigation conducted over several years.

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