In a significant ruling, Judge Tanya Chutkan dismissed Donald Trump’s motion to throw out the federal charges related to election interference. This was her first ruling after the case was handed back from the Supreme Court.
Joyce Vance, a former U.S. attorney, highlighted in her blog Civil Discourse that Chutkan made a key distinction that could impact Trump’s ability to appeal if convicted.
Trump’s legal team argued that the charges suggested it was illegal to question an election’s outcome and propose alternative electors. However, Chutkan countered that the case does not question his right to express political opinions; rather, it focuses on allegations that he knowingly misled others to support a criminal conspiracy.
Chutkan clarified that the indictment does not penalize Trump’s public dispute of the election results. Instead, it notes that he had the right, like any American, to publicly state that he believed the election was flawed and to legally contest the results.
Vance emphasized that this distinction is crucial as it prevents Trump from claiming a First Amendment defense should he be found guilty. She praised Jack Smith’s careful wording in the indictment, noting that good judges like Chutkan make these distinctions to fortify trial outcomes against appeals.
Trump currently cannot appeal this decision and can only challenge it after a potential conviction. Vance remarked on Chutkan’s readiness to proceed with the case, citing the upcoming election as irrelevant to her court schedule.
The Department of Justice is pursuing charges against Trump for trying to overturn President Biden’s 2020 election win, which culminated in the January 6 Capitol riot. Trump, who maintains that he is innocent and asserts that the case is politically charged, claims he has immunity because he was in office during the events in question.
Following a Supreme Court ruling that clarified former presidents have immunity for official acts, but not unofficial ones, Chutkan took the reins in the U.S. District Court for D.C. She has ordered both sides to file a pretrial schedule by August 9 and set a status conference for August 16.