By ERIC TUCKER, ALANNA DURKIN RICHER and MICHAEL KUNZELMAN Associated Press

WASHINGTON (AP) — In the first court hearing in nearly a year, a lawyer for Donald Trump clashed on Thursday with the judge in the federal election interference prosecution of the former president after suggesting the government was rushing forward with an “illegitimate” indictment at the height of the White House campaign.

Prosecutors and defense lawyers are bitterly 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 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.

“We may be dealing with an illegitimate indictment from the get-go,” Trump attorney John Lauro said. He added: “We want an orderly process that does justice to the Supreme Court opinion.”

Special counsel Jack Smith’s team filed a revised indictment last week to strip out certain allegations against Trump for which the Supreme Court said Trump, the Republican nominee for president, enjoyed immunity. Defense lawyers, however, believe that that indictment did not fully comply with the justices’ ruling.

Lauro told U.S. District Judge Tanya Chutkan that the Supreme Court’s opinion required the outright dismissal of the case, a position the judge made clear she did not accept. He complained that prosecutors were showing a “rush to judgment” with their plans to soon file court papers explaining why the remaining allegations should remain intact.

Chutkan was unmoved on that point as well.

“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 said it was clear that whatever her ruling, it would be subject to a further appeal.

She also bristled at Lauro’s reference to the November election, such as when he said: “This process is inherently unfair, particularly during this sensitive time.”

“I understand that there is an election,” the judge replied. “I’ve said before … that the electoral process and the timing of the election … is not relevant here. The court is not concerned with the electoral schedule.”

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.”

She told Lauro that it appeared the defense was trying to delay the case because of the election. “That’s not going to be a factor I consider at all,” Chutkan said.

Pushing back on the defense’s claims that the special counsel wants to move too quickly, a member of Smith’s prosecution team 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.

The tense exchanges between Lauro and Chutkan defined the early hearings in the case. But there was a lighter start of Thursday’s session.

At the opening, Chutkan noted that it has been almost a year since she saw the lawyers in her courtroom. Lauro joked to the judge that “life was almost meaningless without seeing you.”

“Enjoy it while it lasts,” Chutkan said.

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

Trump was not in the courtoom and gave an economic speech in New York. 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.

Neither side envisions a trial happening before Election Day, especially given the amount of work ahead. Chutkan is tasked with determining which of the acts alleged in the indictment can remain part of the case in light of the Supreme Court opinion.

The justices in July ruled that former presidents enjoy absolute immunity for the exercise of their core constitutional duties and are presumptively immune from prosecution for all other official acts.

Smith’s team responded to the ruling with a revised indictment last week that removed references to Trump’s efforts to use the law enforcement powers of the Justice Department to remain in power, an area of conduct for which the Supreme Court said Trump is immune.

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. She 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.

By MEG KINNARD and MICHELLE L. PRICE Associated Press

WASHINGTON (AP) — Vice President Kamala Harris has accepted the rules set forth for next week’s debate with former President Donald Trump, although the Democratic nominee says the decision not to keep both candidates’ microphones live throughout the matchup will be to her disadvantage.

The development, which came Wednesday by way of a letter from Harris’ campaign to host network ABC News, seemed to mark a conclusion to the debate over microphone muting, which had for a time threatened to derail the Sept. 10 presidential debate at the National Constitution Center in Philadelphia.

Harris’ acceptance of the debate rules came as Trump — using a night he had proposed as a debate with Harris on Fox News Channel — instead participated in a solo town hall with host Sean Hannity in Harrisburg, Pennsylvania, a version of debate preparation with a longtime ally who queried him about his plans to take on the Democratic nominee.

President Joe Biden’s campaign had made the muting of microphones, except for the candidate whose turn it is to speak, a condition of his decision to accept any debates this year. Some aides have said they now regret that decision, saying voters were shielded from hearing Trump’s outbursts during the June debate. A disastrous performance for the incumbent Democrat fueled his exit from the campaign.

Once Harris rose in Biden’s stead and became their party’s pick for president, her campaign had advocated for live microphones for the whole debate, saying previously that the practice would “fully allow for substantive exchanges between the candidates.”

But on Wednesday, in a letter obtained by The Associated Press, Harris’ advisers wrote that the former prosecutor will be “fundamentally disadvantaged by this format, which will serve to shield Donald Trump from direct exchanges with the Vice President.”

“We suspect this is the primary reason for his campaign’s insistence on muted microphones,” her campaign added.

Despite those concerns, Harris’ campaign wrote, “we understand that Donald Trump is a risk to skip the debate altogether, as he has threatened to do previously, if we do not accede to his preferred format.” So as not to “jeopardize the debate,” Harris’ campaign wrote, “we accepted the full set of rules proposed by ABC, including muted microphones.”

According to an official with Harris’ campaign, a pool of journalists will be on hand to hear what the muted candidate may be trying to say when his or her microphone is turned off. That detail was not in the full debate rules, also released Wednesday by ABC, which are essentially the same as they were for the June debate between Trump and Biden.

The network laid out parameters from the basic format — 90 minutes, with two commercial breaks — to specifications that moderators David Muir and Linsey Davis “will be the only people asking questions,” perhaps hoping to avert a free-for-all between the candidates.

“Moderators will seek to enforce timing agreements and ensure a civilized discussion,” the network noted.

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The Harris campaign official, who spoke on the condition of anonymity to discuss planning around the debate, said a candidate who repeatedly interrupts will receive a warning from a moderator, and both candidates’ microphones may be unmuted if there is significant crosstalk so the audience can understand what’s happening.

After a virtual coin flip held Tuesday and won by Trump, the GOP nominee opted to offer the final closing statement, while Harris chose the podium on the right side of viewers’ screens. There will be no audience, written notes or any topics or questions shared with campaigns or candidates in advance, the network said.

In the town hall on Wednesday, Hannity steered Trump through many of the topics typical of the GOP nominee’s campaign events, with a heavy focus on immigration, and posed questions after showing video clips of Harris in media interviews and other appearances.

Trump also repeatedly returned his focus from Harris to Biden, calling Democrats’ substitution of their top candidate “a coup” and saying he would have preferred a debate with Harris, rather than the town hall.

Asked about next week’s debate, Trump repeated his former criticism of ABC as a “dishonest” and “unfair” network, also reiterating his previous claims that Harris’ campaign is “going to get the questions in advance.”

The location of Trump’s town hall, coupled with next week’s debate in Philadelphia, highlights the importance of battleground Pennsylvania, where 19 Electoral College votes are up for grabs in the November election.

Price reported from Harrisburg, Pennsylvania. AP White House Correspondent Zeke Miller contributed to this report.

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By STEVE PEOPLES AP National Political Writer

NEW YORK (AP) — Donald Trump and Kamala Harris will debate for the first — and perhaps, last — time on Tuesday night as the presidential candidates fight to sway voters on the biggest stage in U.S. politics.

The meeting comes just 75 days after President Joe Biden’s disastrous debate performance triggered a political earthquake that ultimately forced him from the race. Few expect such a transformative result this time, but Trump is on a mission to end Harris’ “honeymoon.”

Harris, a former courtroom prosecutor, will enter the night with relatively high expectations against a Republican opponent with 34 felony convictions and a penchant for false statements. The question is whether Harris, who did not particularly stand out during primary debates in her 2020 presidential campaign, can prosecute Trump’s glaring liabilities in a face-to-face meeting on live television with the world watching.

The 90-minute meeting begins at 9 p.m. ET Tuesday inside Philadelphia’s National Constitutional Center. It will be moderated by ABC News anchors David Muir and Linsey Davis. In accordance with rules negotiated by both campaigns, there will be no live audience.

Here’s what we’re watching for on a historic night:

Can Harris do what Biden could not?

Biden set an incredibly low bar for Harris in the June 27 debate. The president struggled to offer coherent arguments or even finish his sentences. But the anti-Trump coalition was most disappointed that he failed to take advantage of Trump’s obvious political liabilities — whether on abortion, the Jan. 6 Capitol attack, character issues or his legal trouble.

Harris is expected to do much better. Polls suggest the Democratic vice president is now even with the Republican former president in some swing states.

But even with such fertile terrain, scoring points against Trump on the debate stage is easier said than done. Trump may be the most experienced debater in modern presidential history. As a former reality television star, he knows how to dominate television coverage. And he clearly likes to fight.

Harris recently suggested that she may be looking forward to a political brawl. “Donald,” she told a cheering audience last month in Atlanta, “if you’ve got something to say, say it to my face.”

Can she back up the tough talk? The world is about to find out.

Can Trump focus?

Trump is not known for his discipline or preparation. His debate performances, like his governing style, are typically fueled much more by instinct than thoughtful analysis.

Therefore, few expect Trump to offer a clear and concise line of attack against Harris on Tuesday night. Still, he needs to do better than the kitchen-sink approach he’s been testing on the campaign trail for much of the last month.

Trump has questioned Harris’ racial identity. He’s falsely called her a communist. He’s questioned her strength. He’s jabbed her as a San Francisco liberal. And he’s reminded voters that she has served in the Biden White House for nearly four years and would presumably continue the president’s policies for another four years if she wins.

It is the Biden connection that many Republicans, inside and outside of Trump’s campaign, believe is most effective. They want him to evoke Ronald Reagan’s 1980 debate-stage jab — “Are you better off?” — early and often.

The question is whether Trump can deliver that message in a way that isn’t immediately overshadowed by a much more controversial statement. Recent history offers reasons to be skeptical.

Body language matters

There will, of course, be an obvious gender dynamic on stage Tuesday night.

Fair or not, body language and tone are viewed differently in a debate between a man and a woman. Just ask Hillary Clinton. She said Trump made her “skin crawl” when he stood behind her as she was speaking during a town hall-style debate in 2016.

The candidates — who have never met in person before — will be expected to stay behind their podiums on Tuesday night. But Republicans are hopeful that Trump will avoid any other provocations like pointing, yelling or otherwise approaching Harris in a way that might be off-putting to suburban women or other swing voters.

Harris, too, will face unique challenges related to her race and gender as voters consider whether to make her the nation’s first female president. Some voters still say they’re not comfortable with the idea. If she comes across as angry, she risks playing into racist tropes about Black women.

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While the gender dynamic looms, do not underestimate the significance of their age difference, either.

Harris is almost two decades younger than the 78-year-old Trump. Age was viewed as a political advantage for Trump when he was facing the 81-year-old Biden, but the situation is now reversed against the 59-year-old Harris. If he wins, Trump would be the oldest U.S. president ever elected.

The format will be somewhat different as well, in accordance with a set of rules the candidates agreed upon this week.

There will be no live audience, no opening statements and no props allowed. Candidates’ microphones will be muted when their opponent is on the clock, a stipulation that created some controversy in recent days.

Trump reluctantly agreed to the mute function when he faced Biden in June, but after that debate, his team determined it was a net positive if voters did not hear from the Republican former president while his opponent was speaking. Harris’ team was pushing to return to a normal format without mute buttons.

Abortion vs Immigration

Policy sometimes plays second to personality in presidential debates, but there are dramatic differences between the candidates on key issues that are on the minds of millions of voters.

Republicans hope Trump makes immigration a defining issue of the debate.

The GOP has effectively condemned the Biden administration’s handling of illegal immigration at the U.S.-Mexico border for much of the last four years. Once an issue that appealed mostly to the Republican base, illegal immigration — and related concerns about drugs, crime and national security — is now a top issue for voters across the political spectrum.

Harris will be eager to remind voters that Trump helped kill a bipartisan immigration bill that would have done much to fix the problem. But overall, Harris is likely to be on the defensive when the issue comes up.

Democrats, meanwhile, want to focus on abortion.

Trump, of course, appointed three Supreme Court justices who later overturned the landmark Roe v. Wade decision that protected a woman’s right to choose abortion. Trump has repeatedly said he was proud that Roe was defeated. But aware that such a view isn’t popular among many women, he has tried to moderate his stance on the divisive issue.

Harris won’t make that easy. Stating the obvious, as a woman, she is positioned to be a much more effective messenger on the issue than Biden was. And Trump can’t afford to lose many more female voters.

Look out for wild card Trump

If you ask Trump’s previous debate opponents what they’re watching for on Tuesday night — and we did — many say the same thing: Look out for the thing he says or does that Harris can’t possibly prepare for.

Trump is the ultimate wild card who has found tremendous political success by ignoring the traditional rules of politics. He will say or do whatever he thinks is best in the moment. And Harris, who has dedicated several days to debate prep, can’t make a plan for everything.

At this point, it’s hard to imagine Trump surprising anyone with new material. He has praised dictators, talked about genitalia size, suggested suspending the U.S. Constitution and said that Harris only recently “turned Black.”

Trump’s own team doesn’t know what he’ll do or say on any given day. That’s incredibly risky for Trump. But it also puts enormous pressure on Harris.