District Court Judge Tanya Chutkan will face challenges getting a Trump case that’s unlikely to proceed to trial before the election — or possibly ever — back on track.
After former President Donald Trump’s presidential immunity appeal brought on a months-long delay in the election interference case prosecuted by special counsel Jack Smith, the case finally returned to Chutkan on Friday. Though she wasted no time scheduling a hearing for August 16 and asking both parties to submit a schedule for pretrial proceedings by August 9, legal experts told the Daily Caller News Foundation that efforts to advance the case will meet continued challenges.
The Supreme Court ruled on July 1 that presidents have immunity from prosecution for official acts taken in office, directing the lower courts to weigh what portions of Trump’s indictment fall into that category.
“Judge Chutkan is going to have to take the first crack (appeals will likely follow regardless of how she rules) about which of the allegations in the indictment involve ‘unofficial conduct’ and which involve ‘official conduct,’” John Malcolm, vice president of the Heritage Foundation’s Institute for Constitutional Government, told the DCNF. “And with respect to the ‘official conduct,’ she will also have to determine whether Trump is entitled to absolute immunity or only presumptive immunity; for the latter category, she will also have to determine whether Jack Smith’s office has presented enough evidence to overcome the presumption by demonstrating that prosecuting Trump for those actions will not have a chilling effect on future presidents.” […]
– Read More: thelibertydaily.com
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