Washington — The federal judge overseeing former President Donald Trump’s lawsuit over events following the 2020 election has outlined a timeline for prosecutors’ next steps, following the Supreme Court’s ruling. Trump enjoys immunity About the “official actions” he took while in the White House.
U.S. District Judge Tanya Chutkan issued an order broadly agreeing with the schedule proposed by special counsel Jack Smith, hours after the two sides reached an agreement. met in her court Early Thursday, Trump said Indicted on four counts Related to his efforts to overturn the election results, including conspiring to defraud the United States.
He once again pleaded not guilty to the charges but waived his right to appear in court on Thursday.
Chutkan’s Command
The judge’s order rejected a timetable proposed by Trump’s lawyers that would have extended pretrial proceedings until the spring or fall of 2025, well after the November election.
Smith and his team have been pushing for discussions on immunity, along with motions and other issues expected to be raised by the former president’s legal team.
Chutkan ordered federal prosecutors to turn over all the evidence to the Trump team by Sept. 10 and gave Smith’s team until Sept. 26 to file its opening statement arguing for immunity from the president. Smith’s attorneys said in court Thursday that the motion for immunity would include new information not included in the indictment. Chutkan’s order clears the way for that material to be released before the November election.
The judge set an Oct. 17 deadline for the Trump team to respond to the special counsel’s arguments and file its own motion to dismiss the indictment on grounds of immunity. The government then has until Oct. 29 to respond.
Chutkan wrote in a two-page order that once the paperwork on the immunity issue is submitted, he will determine whether further proceedings are necessary.
The judge also said the Trump team’s filing, due Sept. 19, must include “all specific evidence relevant to the president’s immunity” that the former president believes prosecutors wrongly withheld.
The order also states that Trump must file a motion to dismiss the case by Oct. 24, arguing that Smith’s appointment and funding were unconstitutional. The special counsel and his team must file a brief opposing the request by Oct. 31.
Hearing on Thursday
The case was reopened just months after the Supreme Court ruled that the president is entitled to absolute immunity from prosecution for official acts that are part of his “core constitutional powers,” and a presumption of immunity for acts that are official but outside his “exclusive powers.” Private acts do not enjoy immunity.
High Court resent the case For further proceedings against Chutkan. The judge held a hearing early Thursday with Trump’s attorneys and Smith’s prosecutors, who argued over the timeline and how the Supreme Court’s ruling should apply to Trump’s alleged conduct. Smith’s team amended its indictment against Trump last week to comply with the Supreme Court’s immunity ruling.
During the hearing, Chutkan and Trump’s attorney John Lauro argued over whether some of the conduct included in the new indictment — namely, communications between the former president and Vice President Mike Pence after the 2020 election — qualifies as presidential immunity.
Lauro argued that the case should be dismissed even with the reduced charges because the discussions between Trump and Pence should be considered official acts and therefore not subject to prosecution.
But Chutkan said the conversation could be subject to presumptive immunity, a lesser protection that federal prosecutors could challenge. It would be up to her to decide whether Trump and Pence’s interactions took place outside the former president’s official duties, the judge said.
She also made it clear that the upcoming election would have no bearing on any decision on how the case proceeds. Republican presidential nominee Trump is seeking to defeat Vice President Kamala Harris in November and secure a second term in the White House.
“The electoral process is not important here,” Chutkan told Lauro. “This court is not interested in the election schedule.”
Chutkan criticized Trump’s lawyers as they repeatedly warned the court about “serious” and “serious” problems.
“It seems to me that you are trying to influence the presentation of evidence in this case so that it does not affect the election,” she said. “I am not considering it.”
The hearing and Chutkan’s order reaffirmed that the case would not be heard before the November election. Chutkan said he would appeal any decision the Supreme Court makes in applying the immunity ruling, which led to another pause in the proceedings.
She ultimately said discussing a trial date was “futile.”
