After several weeks of reprieve from former President Donald Trump’s criminal legal proceedings, U.S. District Court Judge Tanya Chutkan resurrected the case centering on Trump’s actions related to January 6, 2021. The Supreme Court returned the case to Chutkan after they ruled that former Presidents maintain broad immunity from criminal prosecution.
Supreme Court’s Ruling on Presidential Immunity
The case has been on pause for nearly eight months while the Supreme Court heard arguments on the extent of Presidential immunity and ultimately ruled that the protections are broad.
Judge Chutkan’s Scheduling and Initial Rulings
The case reached Chutkan’s court Friday, and she scheduled a conference for next Friday, August 16, to create a plan to resolve multiple outstanding issues. This meeting will determine whether a “minitrial” is in order.
Trump Team’s Request and Judge’s Response
As the Trump team implored her to do, Chutkan already ruled Saturday against dismissing the case.
Judge Chutkan’s Justification
Chutkan asserted that Trump’s team did not prove that special counsel Jack Smith had any prosecutorial bias when he initiated the case.
Analysis from Legal Experts
Former Democratic counsel Norm Eisen said, “She certainly had signaled with her rapid disposition of the selected prosecution motion, with setting a quick briefing schedule and a speedy hearing on the 16th, that she wants to keep things moving, and that is how the justice system should work.”
Judge Chutkan’s Next Steps
Following the Supreme Court ruling, Judge Chutkan must now determine which of Trump’s alleged actions are not immune from prosecution.
Upcoming Submissions and Potential Hearing
The next step will be on August 9, when both sides will submit to the Judge their vision of how the case should proceed.
Smith’s Team’s Possible Request for a Minitrial
Smith’s team may ask for an evidentiary hearing, which would allow the public to learn what evidence the prosecutors rely on. Legal analysts refer to this process as a “minitrial.”
Democratic Lawyer’s Opinion on Delays
Democratic lawyer Eisen shared his opinion, saying, “There’s no reason for further delay here. It’s already outrageous that the case has been delayed as long as it has. It was supposed to go to trial in March.”
“We should have had a verdict long ago, so the least the judicial system can do is give us a minitrial to — to some extent — air the allegations and offer a determination of whether they’re immune or not.”
Trump’s Team’s Opposition to a Minitrial
Trump’s team has expressed opposition to a minitrial. Their tactic up to this point has been to delay at every turn. Delaying allows Trump to focus on his campaign, which is less than 100 days before election day.
Statements from Trump’s Attorney
In an interview with conservative radio personality Hugh Hewitt, Trump attorney Todd Blanch said, “There are a lot of others out there that want, still want, nothing more than to see President Trump go down before the election. And that’s not who we are as a country.”
“That’s not the way the justice system is supposed to work. That’s not the way it’s ever worked before. And we can still right this ship.”
Trump’s Defenders’ Perspective
Trump’s defenders have long claimed that his detractors should be making their case to the American voting electorate– not to federal judges. Blanch said, “If you want to beat President Trump, take your message to the voters and tell them to vote. You should not use the court system, and that’s what they’ve done.”
Legal Perspective on the Need for a Hearing
Shaun Wu, a former federal prosecutor, said that an evidentiary hearing is in order due to the new and significant nature of the case relative to the latest Supreme Court ruling on Presidential immunity. He said, “So for the first time, having a trial court having to apply this brand new ruling, I think legally it’s essential to have a hearing.”
Judge Chutkan’s Stance on Election Timing
Chutkan has repeatedly stated that she will not consider the election a factor in scheduling her hearings and making decisions about the case. She says she will treat him like any other citizen.
