The high-profile case involving former President Donald Trump’s alleged efforts to obstruct the 2020 election results is poised to return to the control of a federal judge in Washington, D.C. This comes after a Supreme Court decision that clarified the extent of presidential immunity from prosecution. The Supreme Court’s ruling on July 1 determined that while presidents possess broad immunity when performing their core constitutional duties, they can still face trial for private conduct or certain official acts that fall outside these duties.

 

 

This landmark decision, split along ideological lines at 6-3, now charges U.S. District Judge Tanya S. Chutkan with the complex task of deciphering which of Trump’s actions related to the 2020 election can be prosecuted.

 

Judge Chutkan’s forthcoming decisions are expected to be intricate and potentially lengthy, making a trial before the November election highly improbable. According to Randall Eliason, a former federal prosecutor and current law professor at George Washington University, the urgency that once surrounded this case has diminished since the Supreme Court’s ruling. He pointed out, “There’s no point in haste now, because there’s no way to do the trial now before the election. If Trump wins in November and returns to the White House in January, his Justice Department would be expected to drop the case, and he could not be prosecuted while in office anyway. If he loses, there will be plenty of time to do a trial next year and get all the issues right.”

 

Barbara McQuade, another former federal prosecutor and now a professor at the University of Michigan, echoed the sentiment that while it is technically possible for Judge Chutkan to hold hearings or a “mini trial” to decide on the admissibility of certain evidence and allegations, the likelihood of such proceedings occurring before the election is slim. “Prosecutors and judges have to be thinking about the case, and not the election,” McQuade stated. “If I’m the prosecutor, I want to go by [written filings] because it is quick and I’m not subjecting witnesses to cross-examination repeatedly over time, which could create problems down the road and can take a very long time.” 

 

 

The Supreme Court’s ruling has set a Friday deadline for the case to be returned to the U.S. Circuit Court of Appeals for the District of Columbia, which is expected to send it back to Judge Chutkan. She will need to address several key questions: which alleged acts by Trump fall under the executive branch’s exclusive constitutional authority and are thus immune from prosecution, which are official acts but still prosecutable because they pose no danger to presidential powers, and which acts involve private conduct and are prosecutable. 

 

Carolyn Shapiro, a professor at Chicago-Kent College of Law, highlighted the challenges Judge Chutkan will face in answering these questions due to the lack of clear guidance from the Supreme Court. She noted that Judge Chutkan will likely seek input from both Trump's defense team and special counsel Jack Smith to determine the next steps. 

 

Trump's legal team is expected to continue employing strategies to slow down or dismiss parts of the case, similar to their approach following the Supreme Court’s immunity decision in other legal matters. Special counsel Jack Smith may also adjust his indictment strategy, potentially dropping allegations that are clearly shielded from prosecution while pushing forward with those that are not.

 

The 45-page indictment in D.C. alleges that Trump conspired to overturn the 2020 election results by using false claims of election fraud to obstruct the government’s processes. The indictment outlines five key methods used by Trump: pressuring officials in swing states to flip electoral votes, attempting to submit fraudulent slates of electors, threatening Justice Department leaders to open sham investigations, pressuring Vice President Mike Pence to overturn the election results during Congress’s certification, and exploiting the Capitol riot to disrupt Congress.

 

 

However, the Supreme Court ruling has directly impacted the indictment by barring prosecution for Trump’s discussions with the Justice Department and hobbling Smith's pursuit based on Trump’s discussions with Pence. Special counsel Smith may argue that Pence was acting as president of the Senate and not as an executive branch adviser, but Chief Justice John G. Roberts Jr. was silent on whether this argument satisfies the court's test.

 

Smith may continue to argue that Trump’s statements and actions, such as promoting slates of fake electors and pressuring state officials, were made as a candidate and therefore are unofficial acts. However, proving these charges will require careful examination by Judge Chutkan to determine whether Trump was acting in his official capacity or as part of a private scheme.

 

The Supreme Court also limited prosecutors by ruling that a president’s motives cannot be considered when weighing whether conduct is immune and that official acts cannot be used as evidence for prosecuting unofficial acts. This could hinder prosecutors' ability to prove corrupt motive or intent, which is crucial in criminal law.

 

Despite these limitations, there is still a sense of urgency to resolve the case. McQuade emphasized that the public has a right to a speedy trial, and if Trump is not re-elected, the case will eventually go to trial. Prosecutors and the judge have a duty to act with urgency to protect that right. “There is some urgency to the case because the public has a right to a speedy trial just as the defense does,” she said. “And if Donald Trump is not elected president, this case will go to trial eventually, so the prosecution and judge have a duty to protect that right by acting with urgency.”

 

As the case moves forward, it will be crucial to observe how Judge Chutkan navigates the Supreme Court’s directives and balances the need for a thorough examination of the evidence with the public’s right to a timely resolution. The legal and political ramifications of this case are significant, and the outcomes could have lasting impacts on the interpretation of presidential immunity and the accountability of elected officials.

 

Credit: W.P.  2024-08-02

 

 

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Uh ho hey trump supporters better take out a second mortgage on your house looks like the felon has to pay more lawyers and we all know the (billionaire) can’t possibly be expected to pay himself ehh?he commits the crimes you pay lmao 😂 

2 hours ago, Social Media said:

Prosecutors and the judge have a duty to act with urgency to protect that right.

But for now Trump doesn't want a speedy trial. And with the SCOTUS pro-Trump majority not making any real effort to define what specific presidential duties constitute immunity as it relates to overthrowing the government, doesn't want to interfere with Trump's POTUS campaign. Thus, by pushing a nonsensible ruling back to the Lower Court, SCOTUS sets up appeal delays that will go into 2025.

3 hours ago, Tug said:

Uh ho hey trump supporters better take out a second mortgage on your house looks like the felon has to pay more lawyers and we all know the (billionaire) can’t possibly be expected to pay himself ehh?he commits the crimes you pay lmao 😂 

Shame - you don't know when a person can be called a felon.  Just just take the lead of Corporate Media in American and become a parrot for them.  Useful idiots do this.

4 hours ago, Social Media said:

back to Judge Chutkan. She will need to address several key questions: which alleged acts by Trump fall under the executive branch’s exclusive constitutional authority and are thus immune from prosecution, which are official acts but still prosecutable because they pose no danger to presidential powers, and which acts involve private conduct and are prosecutable. 

 

Trump is a worried man .

His popularity is declining , If he does not win the election to consequently pardon himself after , he will face criminal prosecution , that might earn him jail time .

 

I do not think that he will accept a defeat ... more probable that he will try to unite his supporters to start a civil war .

2 minutes ago, thaipo7 said:

Shame - you don't know when a person can be called a felon.  Just just take the lead of Corporate Media in American and become a parrot for them.  Useful idiots do this.

Ahhh thaipo trump is a convicted felon 34 times hate to break it to ya but thems the facts.

6 hours ago, thaipo7 said:

Shame - you don't know when a person can be called a felon.  Just just take the lead of Corporate Media in American and become a parrot for them.  Useful idiots do this.

So, I cannot call a person already indicted by a citizen Grand Jury and convicted by a separate citizen Trial Jury of felony charges a felon?

9 hours ago, Srikcir said:

But for now Trump doesn't want a speedy trial. And with the SCOTUS pro-Trump majority not making any real effort to define what specific presidential duties constitute immunity as it relates to overthrowing the government, doesn't want to interfere with Trump's POTUS campaign. Thus, by pushing a nonsensible ruling back to the Lower Court, SCOTUS sets up appeal delays that will go into 2025.

Well done the SCOTUS. By the "nonsensible ruling" they actually push it to the voters of the US to decide if Trump acted improperly and not to some IMO judicial witch hunt by biased lawyers.

7 hours ago, nobodysfriend said:

I do not think that he will accept a defeat ... more probable that he will try to unite his supporters to start a civil war .

Apart from IMO being nonsensical, better hope his supporters don't take that option as you know who has most of the guns, don't you?

I wonder if he and his MAGA idiots are "tired of winning" yet????

 

Can't wait for the morning coffee November 6 with the chants again.....LOCK HIM UP, LOCK HIM UP, LOCK HIM UP!!  

 

🤣  🤣  🤣  🤣  🤣 

 

Edited August 3, 20241 yr by mushroomdave

5 hours ago, thaibeachlovers said:

Well done the SCOTUS. By the "nonsensible ruling" they actually push it to the voters of the US to decide if Trump acted improperly and not to some IMO judicial witch hunt by biased lawyers.

Facts thats been reported! biden was rejected by the SCOTUS with a decision ( immunity)that favors all Presidents including his sorry a..

 

biden took away Trumps Presidential immunity( illegal  as of SCOTUS ruling)and allowed unelected bureaucrats from the National archive and the FBi to begin to investigate, demand , manipulate  evidence by a illegitimate prosecutor , jack smith!

“Judge Cannon rules Jack Smith's appointment 'unlawful' as he wasn't Senate confirmed

Fox News' David Spunt provides updates on Judge Aileen Cannon's decision to dismiss Trump's classified documents case over the unlawful appointment of Jack Smith”. 

https://www.foxnews.com/video/6358078340112

Edited August 3, 20241 yr by riclag

19 hours ago, thaipo7 said:

Shame - you don't know when a person can be called a felon.  Just just take the lead of Corporate Media in American and become a parrot for them.  Useful idiots do this.

A person is called a felon when they are convicted of a crime. Like America's Hitler. A convicted criminal

11 hours ago, thaibeachlovers said:

Well done the SCOTUS. By the "nonsensible ruling" they actually push it to the voters of the US to decide if Trump acted improperly and not to some IMO judicial witch hunt by biased lawyers.

And you think the voters of the US are intelligent enough to figure this out? NOT.

14 hours ago, thaibeachlovers said:

Apart from IMO being nonsensical, better hope his supporters don't take that option as you know who has most of the guns, don't you?

Yeah, sure do...the National Guard...all local Police forces, SWAT Teams and the US Military. Any invading militias would be wiped out lickety split. 

23 hours ago, Tug said:

Ahhh thaipo trump is a convicted felon 34 times hate to break it to ya but thems the facts.

Facts Tug, facts, they have nothing to do with the imaginations of the Trump fanatics. They have about as tenuous a connection with reality as his hair - waking early and unable to go back to sleep I had a close look at the photograph on the OP. It really is a quite bizarre construction isn't it!

44 minutes ago, Skeptic7 said:

Yeah, sure do...the National Guard...all local Police forces, SWAT Teams and the US Military. Any invading militias would be wiped out lickety split. 

Oh I can just imagine the fat Walts waddling in open order through Washington, "going firm" around every fast food outlet they pass to take on additional supplies!

 

Edited August 4, 20241 yr by herfiehandbag

void

Edited August 4, 20241 yr by Ben Zioner

41 minutes ago, herfiehandbag said:

Oh I can just imagine the fat Walts waddling in open order through Washington, "going firm" around every fast food outlet they pass to take on additional supplies!

 

Basic training needed here. 

17 hours ago, thaibeachlovers said:

Apart from IMO being nonsensical, better hope his supporters don't take that option as you know who has most of the guns, don't you?

So let’s be having no more law and order talks from you then.

 

 

Edited August 4, 20241 yr by Chomper Higgot

On 8/3/2024 at 7:42 AM, Tug said:

Ahhh thaipo trump is a convicted felon 34 times hate to break it to ya but thems the facts.

On 8/3/2024 at 7:42 AM, Tug said:

Ahhh thaipo trump is a convicted felon 34 times hate to break it to ya but thems the facts.

Just because they are facts, doesn't mean that Thaipo7 has to believe them.

 

In the MAGA world, the real world facts simply mean more lies, and therefore cannot be accepted or believed.