On Thursday morning, lawyers for former President Donald Trump and Special Counsel Jack Smith’s prosecution team appeared for a status conference before Judge Tanya Chutkan in the U.S. District Court in D.C. As we reported, while the parties took differing positions on the order and timing of issues to be decided by the court prior to trial, Chutkan made clear that the case would not be tried prior to Election Day in November.
An ‘Exercise in Futility’: No Trial Date to Be Set in DC Trump Case Until Immunity Is Sorted Out
One of the key points argued by the attorneys Thursday morning was the timing of the briefing regarding the presidential immunity issue. As Trump’s attorneys pointed out, the evidence the government intends to proffer in support of its position that Trump is not immune from the charges levied against him may well include damaging information that will then be placed in the public record just ahead of the election. Chutkan appeared unmoved by this concern and, as expected, has issued a scheduling order that sets the briefing to occur ahead of the election.
Per the order issued Thursday afternoon, the parties are faced with the following deadlines:
- September 10 — Government to complete all mandatory evidentiary disclosures
- September 26 — Government to file its initial brief on the presidential immunity issue
- October 17 — Trump to file his responsive brief and renewed motion to dismiss on the presidential immunity issue
- October 24 — Trump to file request for leave to file motion to dismiss on Appointments and Appropriations Clauses
- October 29 — Government to file reply brief on the presidential immunity issue
- October 31 — Government to file opposition to Trump request on Appropriations/Appointments Clause
- November 7 – Trump to file reply brief on Appointments/Appropriations Clause
From a practical standpoint, this schedule should not affect Trump’s campaigning ahead of the election. What it will do, however, is inject into the the media coverage all manner of negative assertions (and innuendos) regarding Trump, the 2020 election, and January 6 — which, for the Dems, is likely the next best thing to actually having the trial take place ahead of the election. Buckle up.
