U.S. District Judge Tanya Chutkan is at a crossroads in the federal election subversion case against former President Donald Trump, as outlined by CNN’s legal expert, Elie Honig.
After a prolonged wait for the Supreme Court’s ruling on presidential immunity, prosecutors led by Special Counsel Jack Smith have filed a new indictment against Trump. This updated indictment, lodged Wednesday, mirrors the original four felony charges filed in August 2023 but has been adjusted to reflect the Supreme Court’s stance that Trump is shielded from prosecution for actions related to his official duties while in office.
A deadline is approaching for both parties to submit a joint status report to Judge Chutkan by the end of the day Friday. This report will outline next steps in the case. Honig shared insights on CNN, indicating that Chutkan will need to review the revised indictment to assess the relevance of Trump’s official actions to the charges before determining how to move forward.
“There are broadly two options,” Honig stated. “The judge could decide to handle it ‘on the paper,’ asking both sides to submit detailed briefs for her to review.” He added that the alternative approach would involve a hearing where live witnesses would provide testimony, offering a more dynamic assessment.
Reportedly, Trump’s legal team was still negotiating the status report with Smith’s office as of Thursday. A hearing is set for September 5 to discuss the report and outline next steps.
Trump maintains his not guilty plea and has sought to dismiss the indictment based on presidential immunity claims. Judge Chutkan denied a recent dismissal request in August.
Expectations are that this latest indictment will lead to extended legal battles and potentially more Supreme Court involvement, particularly concerning the intricacies of presidential immunity, as noted by attorney Paul DerOhannesian. He emphasized that aside from omitting charges seen as inappropriate by the Supreme Court, the new indictment essentially restates previous allegations.
Furthermore, if Trump were to win the upcoming election, legal experts speculate that he could leverage the Supreme Court’s decisions to further bolster his immunity from prosecution or facilitate the dismissal of the case.
Trump currently faces four charges, including conspiracy to defraud the U.S., obstruction of an official proceeding regarding the 2020 election results, and conspiracy to undermine the voting rights of American citizens.