U.S. District Judge Tanya Chutkan has quickly reignited activity in Donald Trump’s Jan. 6 prosecution, signaling that the case will no longer face delays. After the Supreme Court’s recent ruling that Trump retains broad immunity as a former president, the case, which had been on hold for eight months, has returned to Chutkan’s court.
Within hours of resuming the case, Chutkan scheduled a conference for August 16 to address unresolved issues, potentially including a mini-trial. On Saturday, she also denied Trump’s attempt to dismiss the case, ruling that he failed to prove any bias from Special Counsel Jack Smith.
Norm Eisen, former counsel for Democrats during Trump’s first impeachment, praised Chutkan’s swift actions. “Her quick scheduling and rapid handling of motions demonstrate a commitment to keeping the case moving,” Eisen said.
Chutkan’s decision contrasts sharply with the handling of Trump’s Florida-based documents case by Judge Aileen Cannon, which has progressed more slowly. Unlike Cannon, Chutkan has been decisive, rejecting Trump’s immunity claims and setting the stage for further legal proceedings.
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Following the Supreme Court’s ruling, which limits immunity for actions taken outside core executive functions, Chutkan will now determine which parts of the indictment against Trump are immune from prosecution and which are not. The public will see initial arguments on August 9, with Chutkan potentially allowing an evidentiary hearing to explore the evidence.
Trump’s legal team opposes any evidentiary hearings, arguing that such proceedings could unfairly influence the upcoming election. Trump attorney Todd Blanche has suggested postponing proceedings until after the election.
Former federal prosecutor Shan Wu, however, supports an evidentiary hearing to establish a thorough factual record under the new Supreme Court standard. Wu argues that live witness testimony would strengthen Chutkan’s ruling and provide a solid foundation for any future appeals.
Wu said “there’s plenty of legal necessity” for holding an evidentiary hearing that has little to do with calls to hold Trump accountable ahead of the election.
“In such an untested area of law – it’s the first time that trial court is going to have to try to apply this extremely confusing, ambiguous Supreme Court standard – it’s really important have a full factual record – evidentiary-wise with live witnesses who’ve been cross examined – to establish a really good record for what will surely be used in the future for how you’re supposed to apply this immunity ruling,” Wu said.
Chutkan has emphasized that Trump will not receive any special treatment and will be treated like any other defendant.
“We don’t have two systems of law in the United States, one for presidential candidates, one for everybody else,” she declared, emphasizing her commitment to treating Trump’s case with the same rigor as any other in her courtroom.
