Trump, prosecutors spar in federal court over use of Pence-related evidence in Jan. 6 case

Though former President Donald Trump has been fighting off liberal lawfare efforts for years, a recent U.S. Supreme Court decision has added a new angle that legal observers watched play out again in a D.C. federal courtroom.

As part of Trump's Jan. 6-related federal case, his attorneys last week argued that the former president's communications with then-Vice President Mike Pence on that fateful day ought to be exempt from use as evidence in the case, which would, in turn, leave little for the prosecution to pursue, as the Daily Mail reports.

Chutkan hears arguments

During a sometimes-heated hearing on Thursday, presiding Judge Tanya Chutkan listened to Trump's attorneys explain why they believe the indictment of the former president may be impossibly thin if she finds the aforementioned discussions with Pence outside the scope of permissible evidence.

“If in fact, the communications with Vice President Pence -- which are all over this indictment...if in fact these are immune, then that entire indictment is improper,” attorney John Lauro opined.

If Chutkan, in light of the aforementioned SCOTUS ruling on presidential immunity, believes the communications are off-limits, he said, “then the whole indictment craters.”

Chutkan could, Lauro contended, determine what he said was the “gateway issue” with regard to Pence, and void the need to entertain a host of other evidence special counsel Jack Smith's team says it plans to introduce, achieving greater judicial economy for all sides.

“If you decide this issue, then all of that briefing never takes place,” Lauro declared.

Skepticism abounds

Even so, Chutkan did not seem entirely convinced, suggesting that she would like to get the ball rolling on the case that has long been stalled by appeals all the way to the highest court in the land.

“We can all walk and chew gum at the same time,” she said, with prosecution team member Thomas Windom taking further issue with the argument that without the Pence material, the case disappears.

Windom asserted, “It is not an automatic dismissal of the indictment.”

As Politico noted last week, though the schedule set by Chutkan for briefing and other proceedings in the case means that Trump will not be tried in this matter anytime close to the November election, there does remain the possibility that Smith will be able to bring forward potentially damaging evidence in time to impact voter perceptions.

That could be, the outlet suggested, just the sort of election year October surprise on which Democrats are banking to help Kamala Harris over the finish line, but whether any such scenario unfolds, only time will tell.