On the issue of how to schedule the case ahead of the trial, Chutkan ended up largely siding with special counsel Jack Smith’s positions.
WASHINGTON—U.S. District Judge Tanya Chutkan issued an order on Sept. 5 outlining a series of deadlines for former President Donald Trump’s federal election interference case.
Her order allows special counsel Jack Smith to release evidence in the case before the November election and seemed to favor Smith’s approach of concurrently addressing various issues rather than a more incremental approach advanced by Trump’s attorneys.
More specifically, Chutkan required a brief from the Department of Justice on presidential immunity by the end of the day on Sept. 26. Trump, meanwhile, is expected to file a renewed motion to dismiss based on presidential immunity by Oct. 17.
The order requires the DOJ to complete all mandatory evidentiary disclosures by Sept. 10.
The current schedule runs through Nov. 7 with briefing surrounding an expected motion to dismiss that challenges the legitimacy of Smith’s appointment. Chutkan also reopened a motion to dismiss based on statutory grounds and set up deadlines for briefing on that issue from Oct. 3 through Oct. 17.
Timing
The schedule was issued after Chutkan and Trump attorney John Lauro discussed the timing of pretrial proceedings and the 2024 presidential election.
Chutkan told Lauro that the court has said the timing of the election was not relevant and that she wouldn’t consider that factor in scheduling pretrial proceedings.
“This case has been pending for over a year,” Chutkan said. The judge said that the court was “hardly sprinting” toward the finish line.
“We can’t even really contemplate a trial date because of the looming appellate issues,” she said before adding there needs to be some “forward motion” in this case.Trump is expected to withdraw the prosecution if he wins takes office in 2025. As the special counsel noted, at least one immunity-related appeal is anticipated. The issue could then return to the Supreme Court before any potential trial.
It’s unclear when pretrial litigation over immunity will end but Chutkan set the last briefing deadline on that issue for Oct. 29. “After briefing, the court will determine whether further proceedings are necessary,” her order read.
By Sam Dorman
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