The federal judge overseeing former President Trump's federal election interference case scheduled a flurry of activity Thursday leading up to Election Day.
U.S. District Judge Tanya Chutkan Written schedule instructions A high-stakes battle will unfold in the coming weeks over whether the charges against President Trump should be dismissed following the Supreme Court's ruling on presidential immunity.
The prosecution's opening statement is due three weeks later, on September 26, and Trump's rebuttal is due three weeks after that, on October 17. The prosecution has until October 29 to respond.
The flurry of filings could reveal new details about the prosecution's case in the final stages before the November election in which Trump seeks a second term in the White House. Prosecutors have signaled they will include extensive evidence in their report, while Trump's legal team has vowed to “produce a complete and flawless record.”
The judge granted the prosecution's request to argue in writing the immunity issue first, rather than starting with the defense, as is the usual practice.
“Following the explanation, the court will determine whether further proceedings are necessary,” Judge Chutkan's order said.
Her order came following a hearing earlier in the day in which Chutkan argued with Trump's lawyers about how to proceed.
Trump was charged with four federal felony counts in that case, alleging he illegally conspired to overturn the results of the 2020 election. He has pleaded not guilty.
The case was frozen for months until the Supreme Court ruled on Trump's immunity defense.
The Supreme Court's July ruling granted immunity to many of the former president's official actions, but it was up to Judge Chutkan to decide which specific charges in Trump's indictment would be exonerated.
Thursday's hearing was the first since the case was unfrozen.
In addition to the immunity issue, Judge Chutkan's order also sets a series of deadlines regarding other pretrial issues.
President Trump has until Oct. 24 to seek permission to file a motion to dismiss the charges over accusations that special counsel Jack Smith was unconstitutionally appointed.
The judge overseeing Trump's criminal documents case in Florida dismissed the indictment based on that argument, but Judge Chutkan expressed skepticism during Thursday's hearing, noting that precedent in the circuit court in his court differs.
The former president is scheduled to file a motion to dismiss the federal election interference charges on legal grounds by Oct. 3, with the government due to respond two weeks later.
