Judge Chutkan Sets Pretrial Schedule For Trump Case Guaranteeing No Trial Before Election

Judge Tanya Chutkan issued a pretrial schedule Thursday that guarantees no trial will take place in former President Donald Trump’s Jan. 6 case before the election.

Chutkan’s order followed one of prosecutors’ major recommendations for the schedule, allowing the government to file the first brief on the presidential immunity issue despite objections raised by Trump’s defense attorneys. The last deadline included in her order is set for Nov. 7, days after the 2024 election.

Prosecutors and defense attorneys came before Chutkan Thursday morning for the first hearing since the Supreme Court’s July ruling on presidential immunity, where it found former presidents are immune from prosecution for official acts taken in office. Chutkan acknowledged during the hearing that any ruling she hands down on the issue would be appealed, but still emphasized the need to move the case forward.

“There needs to be some forward motion in this case, regardless of when an election is scheduled,” Chutkan said.

In her order, Chutkan instructed the government to file its first brief on presidential immunity by Sept 26. Trump’s defense team is set to file their response by Oct. 17, with the government’s reply brief due Oct 29.

Chutkan wrote that the court would determine whether further proceedings are necessary after all the briefs are filed.

Chutkan also set the deadline for defendants to file their motion to dismiss the indictment based on Smith’s unlawful appointment for Oct. 24. The government’s opposition brief is set for Oct. 31, and the defense’s reply brief is due Nov 7.

The earliest deadline requiring the government to “complete all mandatory evidentiary disclosures” is set for Sept 10.