Washington — The federal judge overseeing former President Donald Trump’s case after the 2020 election scheduled the next steps in the prosecution following the Supreme Court’s ruling. Trump gets exemption For “official acts” he committed while in the White House.
US District Judge Tanya Chutkan issued an order upholding the timeline proposed by special counsel Jack Smith, hours after closing arguments between the two sides. he met her in court Trump entered the presidential race on Thursday. Charges framed in four cases Related to his alleged efforts to overturn the election results, including a conspiracy to defraud the US government
He once again denied the allegations, but refused to appear before the court on Thursday.
order of discharge
Judge’s order That rejected a schedule laid out by Trump’s lawyers that would push pretrial proceedings until the spring or fall of 2025 — well after the presidential election in November.
Smith and his team had insisted on discussing those proposals and other issues, including immunity, that are expected to be raised by the former president’s legal team.
Chutkan ordered federal prosecutors to turn over all necessary evidence to Trump’s team by Sept. 10, and gave Smith’s team until Sept. 26 to present its arguments on presidential immunity. Smith’s prosecutors said in court on Thursday that the immunity filing would include new information that was not included in the indictment. Chutkan’s order paved the way for that material to be made public before the November election.
The judge set an October 17 deadline for Trump’s team to respond to the special counsel’s arguments and submit its request to dismiss the indictment on immunity grounds. The government will then have until October 29 to file its response.
Chutkan wrote in her two-page order that once documents on the immunity issue are submitted, she will decide whether additional action is needed.
The judge also said that filings from Trump’s team, to be submitted by Sept. 19, must include “any specific evidence relating to presidential immunity” that the former president believes prosecutors have improperly withheld from him.
The order also states that Trump has until October 24 to request the court to allow him to submit a motion to dismiss the case arguing that Smith’s appointment and funding were unconstitutional. The special counsel and his team have until October 31 to file papers to oppose this request.
Thursday’s hearing
The case is being revived months after the Supreme Court concluded that presidents enjoy absolute immunity from prosecution for official actions that are part of their “basic constitutional powers,” and that there is a presumption of immunity for actions that are official but fall outside their “exclusive authority.” Private actions enjoy no immunity.
High Court The case was sent back Chutkan was remanded for further proceedings. The judge held a hearing with Trump’s lawyers and Smith’s prosecutors on Thursday, where they debated timelines and how the Supreme Court’s ruling should be applied to Trump’s alleged conduct. Smith’s team revised the indictment against Trump last week to comply with the Supreme Court’s immunity ruling.
During the hearing, Chutkan and Trump attorney John Lauro sparred over whether some of the conduct covered in the new indictment — namely the former president’s interactions with Vice President Mike Pence after the 2020 election — fell under presidential immunity.
Lauro has argued that the case should be dismissed even if the charges are reduced because Trump’s discussions with Pence should be considered official acts and therefore he should not be prosecuted.
But Chutkan said those conversations could potentially be subject to immunity, a lesser form of protection that can be dismissed by federal prosecutors. The judge said it would be his job to decide whether Trump and Pence’s conversations were outside the former president’s official duties.
He also made clear that the upcoming election would not factor into any decision to pursue the matter. Trump, the Republican presidential nominee, is seeking a second term in the White House by defeating Vice President Kamala Harris in November.
“The electoral process … is not relevant here,” Chutkan told Lauro. “This court has nothing to do with the electoral program.”
Chutkan chastised Trump’s lawyers for their repeated warnings about “serious” and “grave” issues before the court.
“I think you’re trying to influence the presentation of evidence in this case so that the election isn’t affected,” she said. “I’m not buying into that.”
The hearing and Chutkan’s order confirmed that the case would not be heard before the November election. Chutkan said any decision he makes while enforcing the Supreme Court’s immunity ruling would be appealed, putting another pause on the proceedings.
He said it would be a “futile effort” to discuss the date of the final hearing.