In a recent hearing for former President Donald Trump's January 6 case, Judge Tanya Chutkan acknowledged that her ruling on pending immunity issues is likely to face appeals regardless of her decision.
The hearing, which took place on Thursday, was the first since the federal case was paused in December, according to The Daily Caller.
During the proceedings, attorneys debated the timeline for addressing various unresolved issues that must be settled before the case can proceed.
These issues include applying the Supreme Court's ruling on presidential immunity, evaluating the constitutionality of special counsel Jack Smith's appointment, and determining the legitimacy of two charges related to an obstruction statute that was recently narrowed by the Supreme Court.
Judge Chutkan acknowledged the potential for an appeals process, noting that her decision carries the risk of being overturned regardless of the outcome.
This acknowledgment came in response to Trump's attorney, John Lauro, emphasizing that there was no need to rush to judgment. Chutkan pointed out that the case was far from sprinting to a finish line, noting the difficulty in even considering a trial date due to the "looming appellate issues."
The defense team proposed a pre-trial schedule that would extend into 2025, focusing on addressing legal issues first. These issues include determining whether Trump's conversations with then-Vice President Mike Pence are subject to immunity and examining the legitimacy of special counsel Jack Smith's appointment.
In contrast to the defense's approach, special counsel Jack Smith's team argued for a more expedited process.
They suggested that the government should file the first brief within a couple of weeks, explaining why presidential immunity does not apply to the superseding indictment. This would then allow the defense to respond subsequently.
Last week, Smith filed a superseding indictment designed to address the Supreme Court's ruling on presidential immunity. While maintaining the same four charges, the updated indictment emphasized that Trump was acting outside his official duties and omitted allegations related to his attempt to leverage the Justice Department, which the Supreme Court explicitly found to be covered by immunity.
Throughout the hearing, Judge Chutkan repeatedly emphasized that she would not allow the upcoming election to influence her decision on how to proceed with the case. She stated:
We have had a year of a stay. There needs to be some forward motion in this case, regardless of when an election is scheduled.
Chutkan expressed her inclination to handle multiple issues concurrently rather than spreading them out over time. She indicated her intention to issue a schedule as soon as possible, potentially by the end of the day.
The case has been on hold since December to allow time for Trump to appeal Chutkan's denial of his motion to dismiss based on presidential immunity. Following the Supreme Court's ruling in July, which found that presidents are immune from prosecution for official acts taken in office, the case returned to Chutkan's court in August.
