In Washington, U.S. District Judge Tanya Chutkan recently set a detailed schedule for the federal election interference case against former President Donald Trump. It appears that the case is unlikely to go to trial before the 2024 presidential election.
During a Sept. 5 status conference, Judge Chutkan issued a series of deadlines that allow the Department of Justice (DOJ) to release evidence before the November 2024 election.
Special counsel Jack Smith’s team, prosecuting the case, seems to have an advantage as Chutkan favors addressing multiple legal issues concurrently, as opposed to the incremental approach preferred by Trump’s legal team.
One of the primary issues at stake is Trump’s claim of presidential immunity, which has been central to his defense.
The DOJ must file a comprehensive brief on this issue by Sept. 26, and Trump’s team is expected to submit a renewed motion to dismiss based on presidential immunity by Oct. 17.
The court has also set deadlines for other key legal questions, including whether the indictment brought forward by Smith’s office is legally valid under the Supreme Court’s ruling in Trump v. United States. That ruling determined that while presidents enjoy broad immunity for official acts, this immunity does not extend to personal acts.
Trump’s appeal to dismiss the charges based on presidential immunity has caused delays in the case.
The schedule set by Chutkan does not include a trial date, and she indicated that pretrial litigation might extend well beyond the election.
One key factor is whether Trump’s immunity appeal will reach the Supreme Court again, which could further stall proceedings. Given that pretrial filings are set to continue until at least late October, the chance of a trial occurring soon seems slim.
Trump’s defense attorney, John Lauro, explained that Trump’s legal team intends to pursue further motions challenging the legitimacy of Smith’s indictment.
The indictment itself was revised in late August to align with the Supreme Court’s earlier rulings. Trump pleaded not guilty to these revised allegations, which continue to focus on his efforts to challenge the 2020 election results.
Special counsel Smith’s office noted that the updated charges were presented to a new grand jury to account for recent Supreme Court rulings
The court proceedings are further complicated by ongoing disputes over how to handle evidence and legal arguments, with Lauro accusing the prosecution of unfairly rushing the case.
Chutkan, however, made it clear that the election timing would not affect her decisions in scheduling the trial.
Many speculate that if Trump returns to the White House in 2025, he could potentially halt the prosecution altogether. For now, the legal wrangling continues with no clear end in sight.