Former President Trump’s federal election subversion charges have returned to U.S. District Judge Tanya Chutkan in Washington, D.C., following the Supreme Court’s decision to carve out immunity for former presidents. This decision froze the case for months, but now Judge Chutkan is set to schedule next steps.
The case is unlikely to reach trial before the 2024 presidential election, in which Trump aims to retake the White House. However, the judge might hold an evidentiary hearing, acting as a mini-trial, to apply the Supreme Court’s new immunity test to Trump’s indictment.
The Supreme Court’s 6-3 decision grants former presidents presumptive immunity for official acts, potentially undermining some allegations in Trump’s four-count indictment for allegedly conspiring to subvert the 2020 election results. Trump has pleaded not guilty.
Judge Chutkan, an Obama appointee, regained control of the case after the Supreme Court’s judgment on Trump’s immunity appeal was returned to the lower court. Despite calls for speed from special counsel Jack Smith, the Supreme Court followed its 32-day rule before returning the judgment.
Trump’s legal team has consistently argued for delaying prosecutions until after the election, but Judge Chutkan has previously dismissed such attempts, indicating that the election will not influence her scheduling decisions.
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