U.S. District Judge Tanya Chutkan has to determine how the case will move forward—and what will take place before Election Day.
Topline
Former President Donald Trump’s attorneys and Special Counsel Jack Smith will appear Thursday morning in federal court as the case over Trump trying to overturn the 2020 election resumes following a months-long pause, with U.S. District Judge Tanya Chutkan expected to determine how the case will move forward—and how much will happen before the election.Key Facts
Trump has been charged on four felony counts based on his efforts to overturn the 2020 election, and prosecutors filed an updated indictment last week—with the same four charges but some slimmed-down details—after the Supreme Court gave the ex-president some immunity from criminal prosecution for any “official acts” he took while in office.
The case has been on pause in district court since December while the Supreme Court has determined the immunity issue, and Chutkan will now have to determine which of the allegations in the updated indictment are not covered by immunity and can be prosecuted before the case can go to trial.
The judge is holding a hearing Thursday after prosecutors and Trump’s lawyers submitted a status report on Friday proposing how the case should go forward.
Smith proposed a speedier timeline—though he ultimately said any timing should be up to Chutkan to decide—while Trump’s lawyers sought to drag out the case, with any decision on Trump’s immunity bumped back until after the election.
It’s unclear if Chutkan will rule from the bench Thursday on what the schedule should be or issue a ruling at some later point. Will The Case Go To Trial Before The Election?
No. However Chutkan rules based on Thursday’s ruling, it’s certain the case won’t go to trial before Election Day. Even if the judge does rule before then on what Trump can be charged with based on the immunity ruling, Trump is expected to then appeal that ruling—possibly all the way up to the Supreme Court—which will drag out the case again before it can go to trial.
