U.S. District Judge Tanya Chutkan is set to hold hearings on Donald Trump’s potential immunity amid his federal election interference charges linked to the January 6, 2021, Capitol riot. Legal analyst Glenn Kirschner predicts these sessions will unveil “evidence” tied to Trump’s alleged “crimes.”
The Supreme Court recently ruled (in a 6-3 decision) that former presidents enjoy immunity for official duties performed while in office, but not for unofficial actions. This crucial ruling affects a case against Trump that has been stalled for some time. The Department of Justice (DOJ), led by Special Counsel Jack Smith, accuses Trump of attempting to overturn President Joe Biden’s victory in the 2020 election, which incited the riot.
Trump insists he is protected from prosecution, arguing that he was in office during the supposed misconduct. He has denied all charges and claims the prosecution is politically charged.
On January 6, a crowd of Trump supporters breached the Capitol to disrupt Congress’s certification of Biden’s election. This chaos followed Trump’s unsubstantiated claims of widespread voter fraud. Tragically, the conflict led to one rioter’s death and injuries to several police officers.
During a recent episode of The Legal Breakdown with political commentator Brian Tyler Cohen, Kirschner elaborated on the upcoming hearings. He highlighted that the Supreme Court’s ruling establishes that Trump may have immunity for official acts; however, if his actions surrounding January 6 were unofficial—such as a candidate clinging to power after losing—a prosecution is possible.
On Saturday, Judge Chutkan rejected Trump’s motion to dismiss the charges based on presidential immunity, meaning the hearings will proceed.
“The exciting part is that we’ll finally get to see some real evidence,” Kirschner said about the hearings. “We’ll need to determine if Trump’s actions were official or personal, and the public will get insights into what actually happened.”
In August 2023, Trump was indicted on four counts related to his attempts to overturn the election, including conspiracy to defraud the United States and obstruction of an official proceeding.
Kirschner anticipates more revelations will emerge, noting that the evidence was obtained through a confidential grand jury process. “Get ready,” he advised, as we may soon learn more about Trump’s alleged crimes and the testimonies of Republican witnesses who have provided incriminating evidence against him.
Chutkan has set a hearing for August 16, but the actual trial is unlikely to occur before the presidential election on November 5, where Trump will likely be the Republican nominee facing Democratic frontrunner Vice President Kamala Harris.