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Red State
Red State
5 Sep 2024
Susie Moore


NextImg:New Schedule Set in Donald Trump's 2020 Election Case - Includes Pre-Election Briefing of Immunity Issue

On Thursday morning, lawyers for former President Donald Trump and Special Counsel Jack Smith's prosecution team appeared for a status conference before Judge Tanya Chutkan in the U.S. District Court in D.C. As we reported, while the parties took differing positions on the order and timing of issues to be decided by the court prior to trial, Chutkan made clear that the case would not be tried prior to Election Day in November. 

An 'Exercise in Futility': No Trial Date to Be Set in DC Trump Case Until Immunity Is Sorted Out

One of the key points argued by the attorneys Thursday morning was the timing of the briefing regarding the presidential immunity issue. As Trump's attorneys pointed out, the evidence the government intends to proffer in support of its position that Trump is not immune from the charges levied against him may well include damaging information that will then be placed in the public record just ahead of the election. Chutkan appeared unmoved by this concern and, as expected, has issued a scheduling order that sets the briefing to occur ahead of the election. 

Per the order issued Thursday afternoon, the parties are faced with the following deadlines:

From a practical standpoint, this schedule should not affect Trump's campaigning ahead of the election. What it will do, however, is inject into the the media coverage all manner of negative assertions (and innuendos) regarding Trump, the 2020 election, and January 6 — which, for the Dems, is likely the next best thing to actually having the trial take place ahead of the election. Buckle up.