Judge Tanya Chutkan issued a pretrial schedule Thursday that guarantees no trial will take place in former President Donald Trump’s Jan. 6 case before the election.
Chutkan’s order followed one of the prosecutors’ major recommendations for the schedule, allowing the government to file the first brief on the presidential immunity issue despite objections raised by Trump’s defense attorneys. The last deadline included in her order is set for Nov. 7, days after the 2024 election.
Prosecutors and defense attorneys came before Chutkan Thursday morning for the first hearing since the Supreme Court’s July ruling on presidential immunity, which found former presidents are immune from prosecution for official acts taken in office. Chutkan acknowledged during the hearing that any ruling she hands down on the issue would be appealed, but still emphasized the need to move the case forward.
“There needs to be some forward motion in this case, regardless of when an election is scheduled,” Chutkan said.
Judge Chutkan Acknowledges She Is ‘Risking Reversal’ No Matter How She Rules In Trump Casehttps://t.co/auMoPJ7IIR
— Daily Caller (@DailyCaller) September 5, 2024
In her order, Chutkan instructed the government to file its first brief on presidential immunity by Sept 26. Trump’s defense team is set to file their response by Oct. 17, with the government’s reply brief due Oct 29.
Chutkan wrote that the court would determine whether further proceedings are necessary after all the briefs are filed.
Chutkan also set the deadline for defendants to file their motion to dismiss the indictment based on Smith’s unlawful appointment for Oct. 24. The government’s opposition brief is set for Oct. 31, and the defense’s reply brief is due Nov 7.
The earliest deadline requiring the government to “complete all mandatory evidentiary disclosures” is set for Sept 10.
All republished articles must include our logo, our reporter’s byline, and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
DONATE TO BIZPAC REVIEW
Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!
- Jack Smith, Fani Willis forced to defend Trump prosecutions in simultaneous testimonies - December 18, 2025
- Exclusive: Biden State Dept. appeared to ignore emails from would-be Trump assassin - December 16, 2025
- Trump DOJ seeks to block officials from testifying in Judge Boasberg probe - December 12, 2025
Comment
We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. Thank you for partnering with us to maintain fruitful conversation.
BPR INSIDER COMMENTS
Scroll down for non-member comments or join our insider conversations by becoming a member. We'd love to have you!
