The federal judge overseeing the lawsuit filed by Special Counsel Jack Smith against former President Trump on January 6th has ordered a conference for August 16th to determine the next steps.
Judge Tanya Chutkan wasted no time in acting after receiving the case from the US Supreme Court, which ruled last month on the scope of President Trump’s immunity claim. The Supreme Court said the president is immune from prosecution for acts committed in office, but not for private conduct, and sent the case back for trial.
The prosecution and Trump’s defense team are scheduled to meet within the next two weeks to set a schedule for pretrial proceedings and discuss how the Supreme Court’s ruling should be applied to the case. Judge Chutkan denied the defense’s motion to dismiss the charges against Trump, but gave the Republican candidate’s defense team the opportunity to refile the motion “once all immunity issues have been resolved.”
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At left are former President Donald J. Trump and Judge Tanya Chutkan. (AP Photo/Evan Vucci/U.S. Courthouse)
“By August 9, 2024, the parties shall negotiate and, to the extent possible, jointly submit a status report proposing a schedule for future pretrial proceedings. If necessary, the parties may explain their differences in separate sections of the report,” Judge Chutkan’s order stated.
An open court hearing has been scheduled after which the judge will decide how much of the special counsel’s evidence can be used at trial.
Last month, the Supreme Court ruled in Trump v. United States that the former president had significant Immunity from prosecution It applies to official conduct done while in office, but not to unofficial conduct.
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Special Counsel Jack Smith speaks about the recently unsealed indictment containing four felony counts against former U.S. President Donald Trump at the Department of Justice in Washington, DC, on August 1, 2023. Trump was charged with four felony counts for attempting to overturn the results of the 2020 election. (Alex Wong/Getty Images)
In a 6-3 decision, the Supreme Court sent the issue back to a lower court because the justices did not apply its ruling to whether Trump is immune from prosecution for conduct related to attempts to overturn the results of the election in 2020. The ruling came shortly after a New York jury convicted Trump on all counts of first-degree falsifying business records arising from an investigation by Manhattan District Attorney Alvin Bragg.
Special Advisor Jack Smith accused the former president He was charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing and attempting to obstruct an official proceeding, and conspiracy against the rights of others. The charges stem from Smith’s investigation into whether Trump was involved in the Jan. 6 attack on the Capitol and alleged interference with the results of the 2020 election.
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President Trump answered questions at the National Association of Black Journalists’ annual conference in Chicago, Illinois, on July 31, 2024. (Kamil Krzaczynski/AFP via Getty Images)
Trump pleaded not guilty to all charges last summer.
It is unlikely the case will go to trial before Election Day on November 5th.
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Fox News Digital’s Jamie Joseph and Brooke Singman contributed to this report.
