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Jan. 6 hearing: New evidence could emerge after judge's ruling

Former President Trump's election interference case resumed with a hearing.

Last Updated: September 5, 2024, 10:24 AM EDT

Attorneys argued over issues of presidential immunity after former President Donald Trump, through his lawyer, entered a plea of not guilty to charges in the superseding indictment in his election interference case on Thursday.

Thursday's hearing, following months of delays in the case, came a week after special counsel Jack Smith filed the new indictment that revised the original Jan. 6 charges to reflect the U.S. Supreme Court's landmark ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office.

10:23 AM EDT

We aren't in a 'typical situation,' prosecutor says

Judge Chutkan is presses prosecutor Tom Windom over the prosecution's desire to immediately file a brief defending the superseding indictment "before it's even been challenged by a motion to dismiss. That's not in the ordinary course," Chutkan said.

"I don't think that we are in a typical situation," Windom says.

"We are in a place where the suspect has created new law … and the parties and the courts should be stringent to what find what is the most practical and efficient way forward," the prosecutor says.

Windom says that all of the immunity-related issues raised by the Supreme Court's ruling should be addressed at the same time, and that the schedule Chutkan sets should allow for only one more additional interlocutory appeal by Trump's team.

10:13 AM EDT

Trump, through attorney, pleads not guilty

Trump attorney John Lauro says Trump -- who is not attending the hearing -- is pleading not guilty against all charges in the superseding indictment.

The judge asks Lauro, "Trump has reviewed the superseding indictment, and understands the charges against him?"

Lauro responds, "Yes, that's correct."

10:08 AM EDT

'I don't intend to finalize a schedule,' says judge

"Good morning, it's been almost a year," Judge Chutkan greeted everyone present.

Trump's attorney John Lauro joked, "Life was almost meaningless without seeing you." Chutkan responded, "Enjoy it while it lasts."

Chutkan told the teams, "I don't intend to finalize a schedule at the hearing" today, but she will issue a schedule for the case "as soon as possible afterwards."

10:04 AM EDT

Proceedings get underway

Judge Tanya Chutkan has taken the bench, and court proceedings have started to get underway.

Prosecutors Tom Windom and Molly Gaston from special counsel Jack Smith's team are in court.