Judge Sides With Special Counsel Over Trump’s 2020 Election Case

The federal judge supervising former President Trump’s case in the aftermath of the 2020 election spelled out the timeline for the prosecution’s next actions following the Supreme Court’s declaration that Trump is immune for “official acts.”

Hours after the two parties met in her courtroom earlier Thursday, U.S. District Judge Tanya Chutkan issued an order that generally supported special counsel Jack Smith’s timing proposal.

Former President Trump faces four counts in connection with his alleged efforts to alter election results, including conspiracy to defraud the United States. Trump pleaded not guilty to the allegations again, but waived his appearance in court on Thursday CBS News reported.

The judge’s order rejects Trump’s lawyers’ proposed timeline for extending pretrial hearings into the spring or fall of 2025, well beyond the November presidential election.

Smith and his team had pushed for immunity conversations to take place alongside motions and other matters raised by the former president’s legal team.

Chutkan ordered federal prosecutors to send over all necessary information to Trump’s team by September 10, and Smith’s team had until September 26 to submit an opening brief detailing their views on presidential immunity. Smith’s prosecutors stated in court Thursday that the immunity motion will include fresh material not found in the indictment. Chutkan’s order allows the material to become public before the November election.

The judge set an Oct. 17 deadline for Trump’s team to respond to the special counsel’s claims and file their own motion to dismiss the indictment on immunity grounds. The administration will then have until October 29 to submit their response.

Chutkan stated in her two-page order that once the filings on the immunity issue are received, she will determine whether additional proceedings are required.

The judge also ordered Trump’s lawyers to file a petition by September 19 that includes “any specific evidence related to presidential immunity” that the former president feels prosecutors wrongfully concealed.

The decision also indicates that Trump has until October 24 to petition the court to enable him to file a move to dismiss the case based on accusations that Smith’s appointment and financing are unconstitutional. The special counsel’s team has until October 31 to file documents contesting this request.

The criminal case in Washington, DC, had been delayed several times as courts considered Trump’s immunity from prosecution. From 2017 to 2021, Trump claimed “absolute” immunity for any actions he took as president.

On July 1, the Supreme Court delivered a ruling denying any claims to absolute immunity while allowing extensive “presumptive immunity” to any “official” activities the president may take.

The ruling did not specify what constitutes a “official” or “unofficial” activity, but it implied that conversations with government officials, such as the vice president, would be exempt from prosecution.

As a result, the verdict was interpreted as expanding presidential power beyond what the US Constitution allows.

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