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Judge Pauses Trump’s Jan. 6 Case as Courts Above Her Decide if He has Immunity

Judge Pauses Trump’s Jan. 6 Case as Courts Above Her Decide if He has Immunity

Special Counsel Jack Smith asked SCOTUS to weigh in on Trump’s claim that he has presidential immunity.

U.S. District Judge Tanya Chutkan paused almost all proceedings concerning former President Donald Trump’s election interference case in D.C. as the courts above her decide on his claim that he has presidential immunity.

Jim wrote this morning that Special Counsel Jack Smith asked the Supreme Court to weigh in on Trump’s claim of presidential immunity.

Smith took the action after Trump filed an appeal of Chutkan’s denial of his motion to dismiss the charges due to immunity.

Trump also thinks the charges should be dismissed on constitutional grounds.

Therefore, Chutkan put a pause on the case, which could affect the March 4 trial date:

Chutkan ultimately controls the schedule for Trump’s trial, and she made an important decision on that front Wednesday to temporarily pause nearly all of the proceedings in front of her while courts above her resolve the question of whether a former president has immunity from criminal indictment.

“If jurisdiction is returned to this court, it will — consistent with its duty to ensure both a speedy trial and fairness for all parties—consider at that time whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4, 2024,” Chutkan wrote in her three-page opinion that paused various deadlines and proceedings but didn’t permanently vacate them.

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Comments

Should be amusing to watch the goofball prosecutors try to explain how the Chief Executive responsible for enforcing the nation’s laws pushing for an investigation of what appears to be obvious election law breakage is somehow *not* within the jurisdiction of the Executive’s official duties.

Fat_Freddys_Cat | December 14, 2023 at 7:54 am

I know the Democrats are pushing for this to be rejected. I’d warn them to be careful what they wish for–there won’t be any “go backs” on this down the line when it will affect one of their Presidents. But the warning would be wasted; they never think these things through.

There are so many Dem stooges who should be prosecuted for abuse including Jack Smith and Chutkan.

It is good that Biden’s actions fall outside any claim for immunity.

Chutkan claimed in ruling against the motion to recuse that she wasn’t referring to President Trump when stating, on the record in a sentencing hearing: “This was nothing less than an attempt to violently overthrow the government, the legally, lawfully, peacefully elected government by individuals who were mad that their guy lost. I see the videotapes. I see the footage of the flags and the signs that people were carrying and the hats they were wearing and the garb. And the people who mobbed that Capitol were there in fealty, in loyalty, to one man — not to the Constitution, of which most of the people who come before me seem woefully ignorant; not to the ideals of this country; and not to the principles of democracy. It’s a blind loyalty to one person who, by the way, remains free to this day.”

She should be impeached and removed from office for this misconduct. She is clearly biased. If not President Trump, one wonders who this mysterious guy is to whom she claims some defendants owed “blind loyalty”? Since when can a judge, presiding over related criminal matters, keep her biases secret?

    MarkS in reply to Concise. | December 14, 2023 at 12:49 pm

    28 USC s 455 requires her to be disqualified. The problem is that the judge is the one determining whether or not she is biased, that should be decided elsewhere

      Concise in reply to MarkS. | December 14, 2023 at 1:36 pm

      Initially, yes, the judge decides (although one could file a separate action against the judge, which the Trump team apparently has decided not to do).

      But, she doesn’t have any say on impeachment.