Donald Trump’s legal team is pushing to dismiss the latest indictment against the former president by claiming his communications with then-Vice President Mike Pence should be off-limits.

During a court hearing on Thursday, Trump’s lawyer, John Lauro, argued that if the court deems these communications with Pence unusable, the entire case against Trump could collapse, as the Daily Mail reports.

The underlying indictment stems from Trump’s alleged attempts to interfere with the results of the 2020 election.

Lauro stressed that Pence's involvement in discussions related to the certification of electoral votes is critical to the case. He referred to this issue as a “gateway” that, if presiding Judge Tanya Chutkan rules in Trump’s favor, would necessarily lead to the dismissal of all charges in the recently filed superseding indictment.

Trump’s Lawyer Enters Not Guilty Plea in Court

While Trump himself was not present at the hearing, his legal team entered a not guilty plea on his behalf. The indictment, which includes charges of conspiracy to defraud the United States and obstruction of an official proceeding, follows an extensive investigation by special counsel Jack Smith. The government's team filed the adjusted charges after a recent U.S. Supreme Court ruling on presidential immunity gave them legal ground to proceed.

The prosecution, however, is determined to keep the case moving forward. Prosecutors are planning to file a brief within the next three weeks, presenting more evidence in support of the charges.

Judge Questions Legal Team’s Arguments on Pence

Chutkan, who is overseeing the case, pushed back against the defense’s arguments, especially the claim that the special counsel's appointment was unconstitutional. She expressed doubts about the legal merits of the defense’s position, particularly regarding the immunity of communications with Pence.

The defense team contended that a ruling on this matter would prevent further legal battles and streamline the case. “If your honor decides that that is immune, then the whole indictment craters,” Lauro stated, emphasizing that if the court agrees, all the subsequent legal briefings would be rendered irrelevant.

Judge Discusses Case Timeline

Chutkan, however, made it clear that the upcoming presidential election would not influence the timing of the legal proceedings. "I’ve said before and I say again that the electoral process is not relevant here," she told the defense team, underscoring that the court's focus remains on the legal matters at hand, not political concerns.

In response to defense efforts to delay trial proceedings, Chutkan remarked, "It strikes me that what you’re trying to do is affect the presentation of this case so as not to impinge on an election." Her statement made it evident that she is not inclined to slow proceedings simply due to Trump’s bid for reelection.

Prosecution Seeks to Keep Case Moving Forward

Prosecutors, led by Smith's office, worked to counter the defense’s arguments. They made it clear that even if Trump’s communications with Pence were deemed immune from prosecution, this would not automatically result in the dismissal of the indictment.

“It is not an automatic dismissal of the indictment,” prosecutor Thomas Windom said during the hearing, emphasizing that other charges within the indictment would still stand.

The indictment against Trump includes several charges, such as conspiracy to obstruct an official proceeding and conspiracy against the people’s right to have their votes counted. These charges reflect the prosecutors' view that Trump’s efforts following the 2020 election were part of a broader attempt to subvert the democratic process.

Special Counsel’s Role in the Case

The case has garnered significant attention due to Smith’s role in leading the investigation. The special counsel’s team secured a new superseding indictment in response to the U.S. Supreme Court's ruling on presidential immunity and to continue to case against Trump.

The indictment includes allegations that Trump conspired to overturn the results of the 2020 election, which culminated in the Jan. 6 unrest at the Capitol. Trump’s communications with Pence, who presided over the certification of electoral votes, play a central role in the case.

Trump Faces Multiple Charges

The charges Trump now faces are serious. He has been charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, and conspiracy to violate people’s right to have their votes counted. If convicted, these charges carry the potential for significant legal consequences.

While the defense hopes that the ruling on the communications with Pence will dismiss the charges, the prosecution remains confident that their case will move forward. The next steps in the trial will be crucial in determining whether Trump’s legal strategy will succeed.

Key Issues to Be Decided by the Court

As the legal battle continues, the key issue remains whether Trump’s communications with Pence will be immune from prosecution. The defense insists that this decision is critical to the future of the case, while the prosecution contends that other charges would still be valid even if the communications are dismissed.

Both sides are preparing for the next phase of the trial, with prosecutors set to present more evidence within the next few weeks. The court will have to weigh these arguments as the case progresses, but for now, Judge Chutkan has made it clear that she will keep a firm hand on the proceedings as they unfold.