Judge Chutkan Issues New Schedule – No Trump Trial Will Take Place Before Election
Judge Tanya Chutkan has established a pretrial schedule for the January 6th case against former President Donald Trump, ensuring that the trial will not commence before the 2024 election. This decision followed recommendations from prosecutors that allowed them to file a brief regarding presidential immunity, despite objections from Trump’s defense team. The judge highlighted the importance of progressing in the case, regardless of the upcoming election.
Key deadlines set by Chutkan include requiring the government to submit its first brief on presidential immunity by September 26, with the defense responding by October 17. A motion to dismiss the indictment related to the appointment of special counsel Jack Smith is also due by October 24. Following the submission of all briefs, the court will assess if further proceedings are necessary. The series of deadlines is aimed at maintaining momentum in the judicial process surrounding the case.
Judge Tanya Chutkan issued a pretrial schedule Thursday that guarantees no trial will take place in former President Donald Trump’s January 6th case before the election.
Chutkan’s order followed one of prosecutors’ major recommendations for the schedule, allowing the government to file the first brief on the presidential immunity issue despite objections raised by Trump’s defense attorneys. The last deadline included in her order is set for November 7th, days after the 2024 election.
Prosecutors and defense attorneys came before Chutkan Thursday morning for the first hearing since the Supreme Court’s July ruling on presidential immunity, where it found former presidents are immune from prosecution for official acts taken in office. Chutkan acknowledged during the hearing that any ruling she hands down on the issue would be appealed, but still emphasized the need to move the case forward.
“There needs to be some forward motion in this case, regardless of when an election is scheduled,” Chutkan said.
In her order, Chutkan instructed the government to file its first brief on presidential immunity by September 26th. Trump’s defense team is set to file their response by October 17th, with the government’s reply brief due October 29th.
Chutkan wrote that the court would determine whether further proceedings are necessary after all the briefs are filed.
Chutkan also set the deadline for defendants to file their motion to dismiss the indictment based on Smith’s unlawful appointment for October 24th. The government’s opposition brief is set for October 31st, and the defense’s reply brief is due November 7th.
The earliest deadline requiring the government to “complete all mandatory evidentiary disclosures” is set for September 10th.
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