Obama-appointed Judge Tanya Chutkan paused Trump’s January 6 case in DC amid a dispute over the former president’s immunity argument.
In September Trump was hit with 4 counts in Jack Smith’s January 6 case up in DC: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Trump’s lawyers argued that Trump is immune from federal prosecution for alleged ‘crimes’ committed while he served as US President.
Earlier Wednesday Trump’s lawyers filed a response to Jack Smith’s demand to expedite appeal of Judge Chutkan’s presidential immunity order at the DC Circuit Court of Appeals (this is separate from Trump’s response to Jack Smith’s appeal to SCOTUS).
It appears Jack Smith’s March 4 trial date got blown out!
“Chutkan just admitted the pretrial calendar is suspended,” Julie Kelly said. “This March trial date is all but gone.”
CBS News reported:
The federal judge overseeing former President Donald Trump’s case involving the 2020 election has agreed to temporarily pause proceedings while Trump appeals a decision over whether he is entitled to broad immunity from criminal prosecution.
In a brief order Wednesday, U.S. District Judge Tanya Chutkan largely granted Trump’s request to halt the proceedings while he pursues his appeal. Chutkan said Trump’s appeal to the U.S. Court of Appeals for the District of Columbia Circuit means she must automatically stay further proceedings that would move the case toward trial.
Chutkan wrote that Trump’s move gives the higher court jurisdiction over the case. She noted that if the case is returned to her she will consider “whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4.” The case would return to her if Trump’s immunity claim is ultimately rejected, allowing the prosecution to move forward.
Separately, Jack Smith requested the Supreme Court quickly rule on Trump’s immunity claims.
“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office,” Smith wrote in the Monday filing.
“The only reason for this petition is to seek to guarantee a trial of Trump (and possible conviction) before the election,” Constitutional expert Jonathan Turley said.
In a brief order, the Supreme Court signaled it would grant Jack Smith’s request for an expedited consideration.
“The court’s brief order did not signal what it ultimately would do.” – the AP reported.
The high court ordered Trump’s lawyers to respond by December 20.
According to the AP, the Supreme Court is scheduled to meet next on January 5, 2024.
via magatribute
