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

Judge Chutkan asked prosecutor Tom Windom for the timeline that prosecutors would like to have in order to file the brief, which would include multiple exhibits like grand jury transcripts and other evidence central to their case.

Windom says they are currently in the process of writing the extensive defense of their case and would like to file in 2-3 weeks near the end of September -- essentially describing a major defense of their case as a response to the Supreme Court's immunity ruling that would set forth in great detail all the core evidence they would plan to introduce at trial.

While it wouldn't be a so-called "mini-trial" that some legal experts had raised as a possibility, it would put on full display the facts gathered by special counsel Jack Smith in his investigation of Trump that Smith believes are private acts and could still be put before a jury.

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.

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."

"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."