August 8, 2024
The return of former President Donald Trump’s January 6 prosecution to District Court Judge Tanya Chutkan has ignited a flurry of activity in the once-dormant case—reviving a high-stakes court battle after a series of legal wins for the former president, reports The Hill.
And on Saturday, August 3, she ruled against Trump on a pending bid to toss the case, determining he failed to demonstrate any prosecutorial bias on the part of special counsel Jack Smith in bringing the case.
“She certainly has signaled with her rapid disposition of the selected prosecution motion, with setting a quick briefing schedule and a speedy hearing on the 16th that she wants to keep things moving, and that is how the justice system should work,” Norm Eisen, who served as counsel for Democrats in Trump’s first impeachment, told The Hill.
In her order, Chutkan wrote that Trump had again offered an “improper reframing” of the allegations against him and determined the former president offered “no meaningful evidence” that he was unfairly targeted.
Chutkan has consistently offered a contrast with Judge Aileen Cannon, who oversees Trump’s Florida-based documents case. She’s more speedily resolved a number of pending matters in the January 6 case, while Cannon’s Mar-a-Lago case has plodded along with lengthy hearings on long-shot motions from Trump.
And while Cannon agreed to toss Trump’s documents case, Chutkan rejected his effort to do so with immunity claims—teeing up the battle that has now boomeranged back to her courtroom.
The public will get their first look at Smith’s thinking on the matter by August 9, when Chutkan has ordered both sides to jointly lay out their vision for how they think the case should proceed.
It’s possible Smith could ask for an evidentiary hearing—something some Trump critics see as a “minitrial” that would allow the public to learn more about the evidence prosecutors plan to offer.
“There’s no reason for further delay here. It’s already outrageous that the case has been delayed as long as it has. It was supposed to go to trial in March. We should have had a verdict long ago, so the least the judicial system can do is give us a minitrial to—to some extent—air the allegations and offer a determination of whether they’re immune or not,” Eisen said.
“I think Judge Chutkan will ultimately rule that the majority—indeed, the vast majority, of the indictmen—consists of allegations where immunity does not apply.”
The Supreme Court’s ruling last month determined former presidents are immune from prosecution for actions they take in office that are part of their core executive functions, and that they are presumptively immune for all other official acts.
In doing so, the justices called out one specific element of the indictment—barring use of Trump’s pressure campaign at the Justice Department as the basis for any charges.
But it’s now up to Chutkan to parse out the rest of the indictment and determine where else Trump might be protected from prosecution—and which elements of his plot to stay in power can still land him prison time.
Research contact: @thehill