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Prosecutors in Trump election case get judge's OK to lay out fresh evidence in court filing

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Prosecutors in Trump election case get judge's OK to lay out fresh evidence in court filing
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Prosecutors in Trump election case get judge's OK to lay out fresh evidence in court filing

2024-09-06 05:18 Last Updated At:05:21

WASHINGTON (AP) — The federal election interference case against Donald Trump inched forward Thursday, with a judge permitting prosecutors to file court documents later this month that could detail unflattering allegations about the former president as the Republican nominee enters the final weeks of his White House run.

The order came hours after a court hearing, the first in the case in nearly a year, in which U.S. District Judge Tanya Chutkan sparred with a Trump lawyer who accused the government of trying to rush ahead with an “illegitimate” indictment in the run-up to the 2024 presidential election. Chutkan made clear she would not let the upcoming election affect how she proceeds, turning aside defense efforts to delay the process while also acknowledging that the case is nowhere close to a trial date.

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Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche, right, leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

WASHINGTON (AP) — The federal election interference case against Donald Trump inched forward Thursday, with a judge permitting prosecutors to file court documents later this month that could detail unflattering allegations about the former president as the Republican nominee enters the final weeks of his White House run.

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

FILE - This exhibit from video released by the House Select Committee, shows President Donald Trump recording a video statement on the afternoon of Jan. 6, 2021, from the Rose Garden, displayed at a hearing by the House select committee investigating the Jan. 6 attack on the U.S. Capitol. (House Select Committee via AP, File)

FILE - This exhibit from video released by the House Select Committee, shows President Donald Trump recording a video statement on the afternoon of Jan. 6, 2021, from the Rose Garden, displayed at a hearing by the House select committee investigating the Jan. 6 attack on the U.S. Capitol. (House Select Committee via AP, File)

"There’s no rush to judgment here,” Chutkan said.

Prosecutors and defense lawyers are at odds over the next steps in the case after the Supreme Court narrowed the scope of the prosecution by ruling that former presidents are entitled to broad immunity from criminal charges. The dueling proposals and testy courtroom exchanges Thursday reflected the extent to which the justices’ July opinion had upended the path of the case that charges Trump with plotting to overturn the results of the 2020 election in the run-up to the Capitol riot on Jan. 6, 2021.

By day's end, she permitted prosecutors to file by Sept. 26 a legal brief that could include fresh details about Trump's failed efforts to cling to power four years ago. The brief is meant to defend a revised, and stripped-down, Trump indictment that special counsel Jack Smith's team filed last week to comply with the Supreme Court's immunity opinion. The filing is expected to include detailed allegations from the investigation, said Thomas Windom, a member of Smith's team.

Trump lawyer John Lauro objected to the filing of the brief before the defense team has had a chance to seek the indictment's dismissal — and during the “sensitive time” before the election.

“This process is inherently inherently unfair, particularly during this sensitive time that we're in,” Lauro said.

That comment drew a rebuke from Chutkan, who said that the timing of the election was “not relevant” to how the case should proceed.

“This court is not concerned with the electoral schedule,” the judge said. At another point, she suggested that the defense was trying to delay the case because of the forthcoming election, cautioning, “That’s not going to be a factor I consider at all.”

The new indictment filed by Smith's team last week removed allegations related to Trump's attempts to use the Justice Department's law enforcement powers to undo the election results, conduct for which the Supreme Court said he enjoyed immunity. But the Trump team believes the new indictment did not go far enough to comply with the 6-3 ruling, in part because it left intact allegations that Trump badgered his vice president, Mike Pence, to refuse to certify the counting of the electoral votes, Lauro said.

"We may be dealing with an illegitimate indictment from the get-go,” Lauro said.

He told Chutkan that the Supreme Court's opinion required the outright dismissal of the case, a position the judge made clear she did not accept. She bristled again when he suggested that prosecutors were guilty of a “rush to judgment.”

“This case has been pending for over a year,” Chutkan said, referencing the fact that the matter has been frozen since last December while Trump pursued his immunity appeal. “We’re hardly sprinting to the finish here.”

She added: “We all know — we all know — that whatever my ruling on immunity is, it’s going to be appealed. And the taking of that appeal will again stay this case. So, no one here is under any illusion that we’re sprinting towards any particular trial date.”

The Supreme Court held that former presidents are immune from prosecution for the exercise of their core constitutional functions and are presumptively immune for all other official duties. It now falls to Chutkan to determine which of the acts in the four-count indictment are official or not and which can remain part of the case in light of the opinion.

Neither side envisions a trial happening before Election Day, especially given the amount of work ahead.

Pushing back on the defense’s claims that the special counsel wants to move too quickly, Windom noted that Trump’s lawyers filed a lengthy brief seeking to overturn his New York hush money conviction and dismiss the case less than two weeks after the Supreme Court’s ruling in July.

“The defense can move comprehensively, quickly and well. So can we,” Thomas Windom said.

Lauro told Chutkan that the case concerned momentous issues. "We are talking about the presidency of the United States," he said. Chutkan shot back: “I’m not talking about the presidency of the United States. I’m talking about a four count indictment."

The hearing ended without the judge issuing an order about future dates in the case.

Trump was not in the courtroom and gave an economic speech in New York, though Smith was present. A not guilty plea was entered on his behalf for the revised indictment.

Defense lawyers said they intend to file multiple motions to dismiss the case, including one that piggybacks off a Florida judge's ruling that said Smith's appointment was unconstitutional.

The case is one of two federal prosecutions against Trump. The other, charging him with illegally hoarding classified documents at his Mar-a-Lago estate in Palm Beach, Florida, was dismissed in July by U.S. District Judge Aileen Cannon, who said Smith's appointment as special counsel was unlawful.

Smith's team has appealed that ruling. Trump's lawyers say they intend to ask Chutkan to dismiss the election case on the same grounds, though Chutkan noted in court Thursday that she did not find Cannon's opinion “particularly persuasive.”

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche, right, leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche, right, leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

Former President Donald Trump attorneys Emil Bove, left, and Todd Blanche leave the U.S. Federal Courthouse, after a hearing, Thursday, Sep. 5, 2024, in Washington. A judge is hearing arguments about potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges. (AP Photo/Jose Luis Magana)

FILE - This exhibit from video released by the House Select Committee, shows President Donald Trump recording a video statement on the afternoon of Jan. 6, 2021, from the Rose Garden, displayed at a hearing by the House select committee investigating the Jan. 6 attack on the U.S. Capitol. (House Select Committee via AP, File)

FILE - This exhibit from video released by the House Select Committee, shows President Donald Trump recording a video statement on the afternoon of Jan. 6, 2021, from the Rose Garden, displayed at a hearing by the House select committee investigating the Jan. 6 attack on the U.S. Capitol. (House Select Committee via AP, File)

NEW YORK (AP) — The 76th Primetime Emmy Awards are over, with “Shogun” claiming the top drama prize and “Hacks” winning best comedy.

The hosts, father-son duo Eugene and Dan Levy, opened the show Sunday night. They won Emmys at the 2020 awards for “Schitt’s Creek.”

“Shogun,” “The Bear” and “Baby Reindeer” were favorites going into the night. “Shogun” emerged with the top drama prize and “Baby Reindeer” snagged the limited series trophy. “Shogun″ extended its lead for most wins by a show in a single season, collecting 18 Emmys this year.

But “Hacks" emerged as the top comedy series, denying “The Bear” a comedy series repeat.

The Emmys are back in their traditional mid-September spot after a single strike-delayed edition in January.

The show began at 8 p.m., Eastern time, and is airing on ABC from the Peacock Theater in downtown Los Angeles.

Here's the latest:

“I’m blessed with all the people around me who helped me make it happen. I kind of just feel a bit overwhelmed right now. I wasn’t expecting this,” Richard Gadd said backstage after his three wins for “Baby Reindeer.” “I’m just so glad that the show has touched the lives of so many people, and the Academy have acknowledged it in this way. It’s the greatest night of my life. What can I say?”

Gadd also initially declined to answer a question about the $170 million defamation lawsuit Netflix is facing for the show, but then spoke to its impact. The lawsuit comes from the woman who claims to be the inspiration for the series, which is based off of Gadd’s life and experience with a woman who stalked him.

“It’s easy in this day and age to focus on the negatives,” he said before saying the show has driven some viewers to donate to sexual assault and stalking-focused charities and has done “phenomenal things worldwide for so many people.”

Hiroyuki Sanada is the first Japanese actor to win the Emmy for best actor in a drama.

“I am beyond honored to be here with amazing nominees,” he said. “‘Shogun’ taught me when we work together, we can make miracles. We can create a better future together.”

Sanada received a standing ovation from the crowd.

Anna Sawai is the first Japanese actor to win best actress in a drama. The actor, who is a first-time nominee, was tearful throughout her speech.

“I was crying before my name was announced. I’m a mess today,” she said.

“This to all the women who expect nothing and continue to be an example for everyone,” she added.

“Shogun” also won best drama series.

John Oliver, who won scripted variety series for "Last Week Tonight with John Oliver,'' said he was ‘honestly’ happy to get the cue to wrap up when he mentioned his dog during his acceptance speech.

“I’m not well versed in sincerity, as a British person and as a comedian, so I didn’t really want to get upset and thankfully, whoever was on that board, I think said, ‘You can’t carry this off’ and walked me straight into a joke. So, I’m very, very grateful that they gave me the parachute so I could avoid my feelings once more. But yeah, we had a great dog, and we had to say goodbye this week, and it’s brutal,” he said backstage.

In his acceptance, Oliver dedicated his Emmy to his recently deceased dog — and “all dogs.” He quarreled with the play-off music in a bleeped exchange.

Lamorne Morris, star of “Fargo,” is taking home his first Emmy award on his first nomination.

The “New Girl” star was clearly flustered as he accepted the award, saying he has a poster of fellow nominee Robert Downey Jr. in his house and asked him to sign it.

“My beautiful daughter, Lily. I love you. I told you I would do it. You’ve always doubted me,” he joked.

The breakout star from Netflix’s most recent season of “Bridgerton,” Nicola Coughlan added an Artists4Ceasefire red pin to her glittering off-the-shoulder gown. Coughlan has been outspoken in supporting Palestinians and calling for a cease-fire.

Actors across the award season have been wearing the Artists4Ceasefire red pin with a hand holding a heart to demand a cease-fire in Gaza and a release of the Israeli hostages.

Ahead of the premiere of the 50th season of “Saturday Night Live” on Sept. 28, cast members from the sketch show’s storied history have gathered for an unforgettable reunion.

Former members Kristen Wiig, Maya Rudolph and Seth Meyers joined current regular Bowen Yang onstage.

The segment leans into the January Emmys’ nostalgia-laden programming, which included Tina Fey and Amy Poehler presenting an award in the style of SNL’s famed “Weekend Update,” along with the casts of “Cheers,” “Martin” and other hit shows reuniting.

Jessica Gunning, who haunts as stalker Martha on “Baby Reindeer,” accepts the Emmy for her performance from a group of actors who have portrayed iconic villains in a fitting pairing. She got emotional as she thanked Richard Gadd, the star and creator of the series.

“I tried so many times to put into words what working on ‘Baby Reindeer’ meant to me and I fail every time,” she said. “It really means a lot. So, thank you, reindeer.”

“Today, a Republican vice president would never attack a woman for having kids. So, as they say, my work here is done,” Candice Bergen wryly said before presenting the lead actress in a comedy series award.

She was referring to her Murphy Brown character being attacked by then-Vice President Dan Quayle for being a single mom.

Her subsequent “meow” got a big laugh and applause from the audience, including Jon Stewart.

For more on this year’s Emmy Awards, visit: https://apnews.com/hub/emmy-awards

Richard Gadd accepts the award for outstanding lead actor in a limited or anthology series or movie for "Baby Reindeer" during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)

Richard Gadd accepts the award for outstanding lead actor in a limited or anthology series or movie for "Baby Reindeer" during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)

Hiroyuki Sanada accepts the award for outstanding lead actor in a drama series for "Shogun" during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)

Hiroyuki Sanada accepts the award for outstanding lead actor in a drama series for "Shogun" during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)

Anna Sawai accepts the award for outstanding lead actress in a drama series for "Shogun" during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)

Anna Sawai accepts the award for outstanding lead actress in a drama series for "Shogun" during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)

Hosts Eugene Levy, left, and Dan Levy speak during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)

Hosts Eugene Levy, left, and Dan Levy speak during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)

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