Trump judge Chutkan tees up immunity battle in Jan. 6 case as election nears

The federal judge overseeing former President Trump’s federal election subversion case on Thursday scheduled a flurry of activity in the lead-up to Election Day. 

U.S. District Judge Tanya Chutkan’s written scheduling order tees up a high-stakes battle in the weeks to come over whether Trump’s indictment must be dismissed in the wake of the Supreme Court’s presidential immunity ruling. 

Prosecutors’ opening brief is due in three weeks — Sept. 26 — and Trump’s response is due three weeks later on Oct. 17. Prosecutors then will have until Oct. 29 to reply. 

The series of filings could divulge new details about prosecutors’ evidence in the case in the final stretch before November’s election, when Trump is hoping to earn a second White House term. Prosecutors have indicated their briefing will include extensive exhibits, while Trump’s attorneys have vowed to “create a full and complete record.” 

The judge granted prosecutors’ request to make their written arguments on the immunity issue first, rather than the usual practice of beginning with the defense. 

“After briefing, the court will determine whether further proceedings are necessary,” Chutkan’s order reads. 

Her order follows a hearing earlier in the day at which Chutkan sparred with Trump’s attorney about how to move forward. 

Trump was charged in the case with four federal felonies that accuse him of unlawfully conspiring to subvert the 2020 election results. He pleaded not guilty. 

The case was frozen for months, until the Supreme Court ruled on Trump’s presidential immunity defense.

The high court’s ruling in July carved out immunity for much of the former president’s official conduct but left it to Chutkan to sort out which specific allegations in Trump’s indictment are protected. 

Thursday’s hearing marked the first in the case since it was unfrozen.

Beyond the immunity issue, Chutkan’s order also sets a series of other deadlines on other pretrial matters.

Trump has until Oct. 24 to request permission to file a motion to dismiss his charges over accusations that special counsel Jack Smith was unconstitutionally appointed.

Trump’s judge overseeing his documents criminal case in Florida dismissed the indictment based on that assertion, but Chutkan appeared skeptical at Thursday’s hearing, noting circuit precedent to the contrary in her court.

The former president’s bid to dismiss his federal election subversion charges on statutory grounds is due by Oct. 3, and the government’s response is due two weeks later.