Federal Judge Sets Schedule for Trump's Post-Election Prosecution Amid Immunity Dispute
ICARO Media Group
In a courtroom hearing held on Thursday, U.S. District Judge Tanya Chutkan laid out the schedule for the next steps in the prosecution of former President Donald Trump following the Supreme Court's ruling regarding his immunity for "official acts" performed during his time in the White House. The judge's order rejected the timeline proposed by Trump's legal team, which would have extended pretrial proceedings well beyond the upcoming presidential election.
Trump is facing four counts related to his alleged efforts to overturn the results of the 2020 election, including conspiracy to defraud the U.S. Despite pleading not guilty to the charges, he waived his appearance in court on Thursday. Special counsel Jack Smith, representing the prosecution, had advocated for discussions about immunity to take place alongside other motions and issues that Trump's legal team is expected to raise.
As per Judge Chutkan's order, federal prosecutors are required to provide all necessary evidence to Trump's legal team by September 10th. Smith and his team have until September 26th to submit an opening brief presenting their arguments on the issue of presidential immunity. Notably, this filing is said to include new information that was not included in the initial indictment. The judge's order paves the way for this material to become public prior to the November election.
The deadline for Trump's team to respond to the special counsel's arguments and submit their own request for dismissal of the indictment on immunity grounds is set for October 17th. The government will then have until October 29th to file its reply. Judge Chutkan will review the immunity filings and determine if further proceedings are necessary.
Additionally, the judge specified that Trump's team must submit a filing by September 19th, which should include any specific evidence related to presidential immunity that they believe prosecutors had improperly withheld. The order further states that Trump has until October 24th to request permission from the court to file a motion to dismiss the case, alleging that Smith's appointment and funding is unconstitutional. The special counsel and his team will have until October 31st to oppose this request.
The case resumed after the Supreme Court's ruling that presidents have absolute immunity from prosecution for official acts within their core constitutional powers. However, the presumption of immunity does not extend to acts outside their exclusive authority or private acts. The high court sent the case back to Judge Chutkan for further proceedings, leading to the present order.
During the hearing, there was a disagreement between Judge Chutkan and John Lauro, Trump's lawyer, regarding whether certain conduct, including Trump's conversations with Vice President Mike Pence after the 2020 election, was covered by presidential immunity. Lauro argued that these discussions should be considered official acts and therefore immune from prosecution. However, Judge Chutkan stated that such conversations may be subject to presumptive immunity, which federal prosecutors can rebut. The determination of whether Trump and Pence's interactions fall outside the former president's official duties will ultimately rest with the judge.
Judge Chutkan made it clear that the upcoming election would not influence any decisions relating to the case's proceedings. Regardless, Trump, as the Republican presidential nominee, seeks to secure a second term in the White House by defeating Vice President Kamala Harris in November. The judge emphasized that the court is not concerned with the electoral schedule, dismissing any attempts to sway the presentation of evidence in light of the election.
The hearing and subsequent order confirm that the trial in this case will not take place before the November election. Judge Chutkan acknowledged that any decisions she makes in applying the Supreme Court's immunity ruling will likely be appealed, resulting in further delays in the proceedings. Therefore, discussing a trial date at this point would be futile.
As the legal battle continues to unfold, the prosecution and Trump's defense team prepare to present their arguments on presidential immunity, a crucial aspect of the case that will determine the future of the prosecution against the former president.