All posts tagged "Judge Chutkan"

A month after the Supreme Court issued a controversial decision that presidents enjoy immunity for "official acts," District Judge Tanya Chutkan has the federal election case against Donald Trump back in her hands — and has the task of working out for herself what acts fall under the justices' ruling so the trial can proceed.

How she chooses to move forward — and engage with what the Supreme Court decided — sets the tone for everything that happens next, wrote Jesse Wegman for The New York Times.

Her task now, Wegman wrote, is "going line by line through the special counsel Jack Smith’s 45-page indictment and separating the charges that involve official acts from those that are unofficial. The former must be dismissed; the latter might survive," he wrote....

Donald Trump on Saturday received some bad news from D.C. when Judge Chutkan issued an opinion rejecting his effort to toss his election subversion case over claims of vindictive prosecution.

Kyle Cheney, senior legal affairs reporter for Politico, flagged the filing on his social media.

"BREAKING: Judge CHUTKAN has *rejected* Donald Trump motion to dismiss the DC case against him over claims of 'vindictive prosecution,'" Cheney wrote Saturday. ...

While the nation sweats out a Supreme Court decision as to whether or not Donald Trump is immune from criminal prosecution — U.S. District Court for the District of Columbia Judge Tanya Chutkan could still hold hearings or "mini trials" ahead of the November 5 election.

"It's going to be tough if there's a test to get that trial," said CNN legal expert Norm Eisen during a panel appearance on "The Situation Room."

"But what you might get is a mini-trial because if there's a test for Judge Chutkan in D.C. — she's got to apply the evidence to the law." ...

Donald Trump may have successfully delayed his federal election subversion case to avoid a pre-election trial, but the judge in that case has a "silver lining" option that would still allow Special Counsel Jack Smith to present evidence to the American public, according to a former federal prosecutor.

MSNBC legal analyst Joyce Vance posted about Trump's Supreme Court hearing on his claim for presidential immunity on her Substack on Thursday. Toward the end of that write-up, Vance provides an option for Judge Chutkan to continue despite indefinite delays.

"We don’t know for certain where Chief Justice Roberts is and how he will vote," the ex-prosecutor wrote after trying to read the SCOTUS tea leaves. "But if this comes to a decision that some conduct does get immunity and the trial judge must make those rulings, there is one possible silver lining. Judge Chutkan could hold an evidentiary hearing on remand to facilitate her decision."...

Judge Tanya Chutkan recently handled a Jan. 6 case in which she may have hinted how she wants to handle Donald Trump, according to a reporter on Sunday.

CBS News Congressional Correspondent Scott MacFarlane covered Chutkan's handling of the case of Antony Vo, who was previously found guilty by a jury of participating in the U.S. Capitol Riot. During the sentencing of that case, Chutkan reportedly buried her face in her hands in frustration.

MacFarlane now says that case could have given some insights into Trump's trial, considering the arguments made by Vo's legal team. ...

U.S. District Judge Tanya Chutkan didn't flinch when guilty Jan. 6 participant Antony Vo claimed he was convicted in a "kangaroo court." She reportedly sentenced him to nine months.

"I've been called worse," she reportedly said, according to a lengthy thread posted by CBS News' Scott MacFarlane.

Chutkan is also presiding over former President Donald Trump's federal election subversion criminal case which is on ice pending a Supreme Court determination on his absolute immunity claims. ...