Legal/Law/Criminal Justice and Reform

Judge Chutkan Acknowledges She Is ‘Risking Reversal’ No Matter How She Rules In Trump Case

Former U.S. President Donald Trump talks to reporters at New York State Supreme Court in New York, U.S. May 21, 2024. Justin Lane/Pool via REUTERS

Judge Tanya Chutkan acknowledged Thursday that appeals are certain no matter how she rules on pending immunity issues in former President Donald Trump’s Jan. 6 case.

During the first hearing since the federal case was paused in December, attorneys argued about the timeline for handling a range of issues that must be resolved before moving forward, including applying the Supreme Court’s ruling on presidential immunity, assessing the constitutionality of special counsel Jack Smith’s appointment and determining the legitimacy of two charges tied to an obstruction statute narrowed by the Supreme Court. Trump’s attorney John Lauro emphasized there is no need to rush to judgement, but Chutkan responded that everybody knows her ruling will be appealed.

“We’re hardly sprinting to a finish line here,” Chutkan said, noting it’s difficult to even contemplate a trial date with “looming appellate issues.”

Trump’s attorneys asked to deal with legal issues first — such as whether Trump’s conversations with then-Vice President Mike Pence are subject to immunity and whether special counsel Jack Smith was illegitimately appointed — in a pre-trial schedule that would stretch into 2025. Special counsel Jack Smith’s team argued the government should file the first brief explaining why presidential immunity does not apply to the superseding indictment within a couple of weeks, allowing the defense to respond afterwards.

“I’m risking reversal no matter what I do,” Chutkan acknowledged.

Special counsel Jack Smith filed a superseding indictment last week designed to address the Supreme Court’s ruling. It included the same four charges, but updated the language to emphasize Trump was acting outside his official duties and omit allegations related to Trump’s “attempt to leverage the Justice Department,” which the Supreme Court explicitly found was covered by immunity.

Trump, who did not attend the Thursday hearing, pleaded not guilty to all four revised charges.

Lauro said he cannot imagine a “more unfair” approach than allowing the government to file its brief first. Chutkan repeatedly emphasized that she would not allow the impending election to influence her decision on how to proceed.

“We have had a year of a stay,” Chutkan told Lauro. “There needs to be some forward motion in this case, regardless of when an election is scheduled.”

Since December, the case has been on hold to allow time for Trump to appeal Chutkan’s denial of his motion to dismiss the case based on presidential immunity. After the Supreme Court issued its ruling in July, finding that presidents are immune from prosecution for official acts taken in office, the case returned to Chutkan in August.

Chutkan seemed inclined to handle multiple issues concurrently, rather than spreading issues out. She said she intends to issue her schedule as soon as possible, potentially by the end of the day.

“We can all walk and chew gum at the same time,” Chutkan said.