U.S. District Judge Tanya Chutkan has sided with Special Counsel Jack Smith in a battle over scheduling pre-trial hearings and deadlines in former President Donald Trump’s federal election subversion case.
Trump’s legal team requested earlier this month that Chutkan push back any further hearings and deadlines until next year while arguing that the case should be dismissed entirely due to the Supreme Court’s recent decision granting sitting presidents immunity from prosecution of crimes committed while conducting certain “official” acts. report from Newsweek.
On Thursday, Chutkan denied Trump’s request and established a timeline for proceedings that largely follows a timeline proposed by Smith. Smith was ordered to hand over evidence to Trump’s team by September 10, the same day the former president is scheduled to meet Vice President Kamala Harris in a presidential debate.
Smith was given until September 26 to submit an “opening brief” explaining the government’s argument for Trump not being immune from prosecution. Additional deadlines, including for materials on Trump’s request to dismiss the case based on claims of Smith being illegally appointed, were scheduled through November 7, just two days after the election.
Chutkan said in the order that she would determine “whether further proceedings
are necessary” in the immunity matter after both sides submitted filings and replies. She did not order any further hearings or deadlines beyond November 7.
Hours before issuing the order, Chutkan sparred with Trump lawyer John Lauro over the schedule during a Washington, D.C., court hearing. Lauro argued that the judge should consider that the presidential election season is a “sensitive time” while deciding the schedule.
“This court is not concerned with the electoral schedule,” Chutkan responded, according to CNN. “I am not talking about the presidency…I am talking about a four-count indictment.”
“The subtext of your argument here about these sensitive times…it strikes me that what you’re trying to do is affect the presentation of this case so as not to impinge on an election,” she continued.
Newsweek reached out for comment to Lauro via email on Thursday.
Smith filed a superseding indictment last week, retooling the case to comply with the Supreme Court’s immunity ruling. The new indictment removes all mentions of Trump allegedly attempting to pressure the Department of Justice to falsely declare that President Joe Biden’s 2020 election win was the result of massive fraud.
Trump has pleaded not guilty to felony charges of conspiracy to defraud the United States, obstructing an official proceeding, conspiracy to obstruct an official proceeding and conspiracy against the rights of voters.
The former president, who was convicted on 34 unrelated felony counts in New York in May, denies all wrongdoing and claims that all of the criminal and legal proceedings against him are part of a political “witch hunt.”
