Judge Tanya Chutkan agreed Wednesday to pause proceedings in former President Trump’s election interference case while he appeals a decision rejecting his efforts to toss the case.
The decision “automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant.”
The move comes as Trump has argued the courts should dismiss the case both on the concept of presidential immunity as well as on constitutional grounds, including the First Amendment.
Jack Smith is very anxious to move quickly on this so he can prosecute Mr. Trump, get a conviction, and imprison him. He appealed to the Supreme Court on the issue of immunity, and the Court has agreed to hear the case.
Smith also asked the court to expedite the matter, which it agreed to, setting Trump’s deadline to respond by Dec. 20.
Chutkan’s ruling does not stay a gag order in the case or Trump’s conditions of release, which bar contacting witnesses or seeking to intimidate them.
It could mean delays. Mr. Trump said there are 13 million documents as well as video and audio, and witnesses to review.
Chutkan may have to delay further.
“If jurisdiction is returned to this court, it will — consistent with its duty to ensure both a speedy trial and fairness for all parties — consider at that time whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4, 2024,” she wrote.
Beyond arguments that Trump, as a former president, still carries presidential immunity, in a 31-page brief filed in October, he also argued the prosecution represents a case of “double jeopardy” as he already faced an impeachment trial in the Senate following Jan. 6.
Trump’s motion had also argued his prosecution “criminalize[s] core political speech” as he had a right to raise questions about the election.
“The fact that the indictment alleges that the speech at issue was supposedly, according to the prosecution, ‘false’ makes no difference,” his attorneys wrote. “Under the First Amendment, each individual American participating in a free marketplace of ideas — not the Federal Government — decides for him or herself what is true and false on great disputed social and political questions.”
The media is presenting this as a case of Mr. Trump looking for any little thing to delay as if everyone wouldn’t delay with cause.
If the case moves ahead in March, Mr. Trump will not have adequate time to prepare, especially given all the other cases against him. Under the 6th Amendment, while he’s guaranteed a speedy trial, and March 4 is a speedy trial, he’s also guaranteed the right to effective counsel. He needs time for that.
Go to 5:50 to hear Kid Rock talk about Donald Trump’s attitude:
Ep. 48 The Tucker Carlson Encounter: Kid Rock pic.twitter.com/g9wLg1zlvu
— Tucker Carlson (@TuckerCarlson) December 11, 2023