In a significant development, U.S. District Judge Tanya Chutkan has regained control over the 2020 election-related prosecution against former President Donald Trump. After the Supreme Court ruled that former presidents are immune from prosecution for official acts performed while in office, the case was sent back to the U.S. Court of Appeals for the District of Columbia Circuit. The three-judge panel at the appeals court level, which had previously ruled against shielding Trump from criminal charges, sent the case back to the district court.

The appeals court issued a brief, unsigned order on Friday, remanding the case to the district court for further proceedings in accordance with the Supreme Court's opinion. Judge Chutkan will now be tasked with interpreting and applying the Supreme Court's ruling in deciding which alleged conduct, as described in special counsel Jack Smith's indictment, qualifies as "official" and which may be subject to criminal prosecution.

Around a year ago, Smith charged Trump with four counts related to his conduct after the 2020 presidential election, including conspiracy to defraud the U.S. Prosecutors alleged that the former president engaged in a pressure campaign at the state and federal level, culminating in the January 6, 2021, attack on the Capitol, in an effort to subvert the peaceful transfer of power. Trump, who pleaded not guilty to the charges, has consistently denied any wrongdoing and claimed that the prosecution is politically motivated.

While the Supreme Court recognized that former presidents have legal protections from charges for acts performed within their official duties, it rejected Trump's argument of sweeping, absolute immunity unless impeached and convicted by Congress. Chief Justice John Roberts, speaking for the court's conservative majority, categorized presidential conduct into three groups: acts related to core constitutional powers, acts outside their exclusive authority, and unofficial acts. Presidents have "absolute" immunity for the first category, "presumptive" immunity for the second, and no immunity for the third.

Applying this legal test, the Supreme Court ruled that the charges against Trump cannot be directly linked to his official role as president. This includes allegations of working with Justice Department officials to investigate election results for potential fraud. However, other allegations, such as Trump's interactions with then-Vice President Mike Pence before the certification of Electoral College results on January 6, require further examination to determine their immunity status.

Judge Chutkan's focus will primarily revolve around determining whether the remaining alleged actions, such as the organization of false slates of electors, coordination with outside attorneys, and encouraging his supporters to gather in Washington on January 6, qualify as official or unofficial acts. Chief Justice Roberts emphasized that the immunity protection for presidents "may depend on the context" of the allegations.

This is not the first time Judge Chutkan has overseen Trump's case. She initially rejected his claim of absolute presidential immunity in December 2023, stating that former presidents do not possess a lifelong immunity from prosecution. Trump, seeking a full dismissal, appealed the decision, leading to a pause in the proceedings until the matter was resolved. Although Trump did not receive the full immunity he sought, the delay resulted in the criminal proceedings being put on hold for more than eight months.

As Chutkan resumes control of the case in the run-up to the 2024 election, it appears unlikely that a trial will take place before November 5. Nevertheless, the Justice Department has stated that there is no legal impediment to proceeding with the case against Trump during the election season, emphasizing that politics should not influence the courtroom.

In addition to the ongoing election-related prosecution, Trump has also been charged with obstruction of an official proceeding and conspiracy to obstruct an official proceeding in connection with the January 6 Capitol attack. However, Smith's team has argued that the legal framework in this case does not apply to Trump's indictment. It remains unclear whether Trump will seek to have these charges dismissed based on the Supreme Court's recent decision.

Meanwhile, another prosecution led by Special Counsel Jack Smith against Trump was dismissed by U.S. District Judge Aileen Cannon in Florida last month, citing concerns over the special counsel's appointment. Smith has appealed the ruling, and the litigation is set to begin later this month. Nonetheless, Trump's successful challenge of Smith's appointment in the classified documents case may present further challenges to the ongoing proceedings in Judge Chutkan's court.