The criminal case charging former President Donald Trump with plotting to overturn the 2020 presidential election was returned Friday to a trial judge in Washington, D.C., Friday after a Supreme Court opinion last month that narrowed the scope of the prosecution.
The case was formally sent back to U.S. District Judge Tanya Chutkan for further proceedings aimed at sorting out which acts in the landmark indictment constitute official acts and which do not.
The procedural move is expected to kickstart the case, with a flurry of motions and potential hearings, but the sheer amount of work ahead for the judge and lawyers ensures that there's no way a trial will take place before the November election in which Trump is the Republican nominee..
On July 1, the high court ruled for the first time that former presidents have some immunity from prosecution.
Certain actions in special counsel Jack Smith's indictment, such as Trump's communications with his Department of Justice, were ruled off-limits from being used against the former president.
Attorneys working on the case say Chutkan will move quickly and could soon set the schedule for any upcoming hearings, CNN reported.
The judge faces a number of crucial decisions, including whether Trump's alleged efforts to undo the 2020 election results count as official acts.
The Supreme Court's ruling almost certainly postponed any full trial until after the presidential election.
However, the prospect of forthcoming hearings could focus on Trump's behavior after the 2020 election – something that would please the former president's critics.
The anti-Trump Defend Democracy Project (DDP) said in a statement that Chutkan's next moves could lead to a "mini-trial," which would involve a series of court hearings in which Smith and Trump's defense team closely examine and argue over actions in the former president's indictment.
"With only 95 days until the November 5 election, it is more important than ever to probe Trump's alleged crimes before the American people. There is still enough time to get this done. Even though the Supreme Court chose to slow walk this issue, Americans are owed more information," DDP posted on X.
George Washington University law professor Jonathan Turley told the Examiner that Smith had been "very motivated" and Chutkan seemed inclined to move the case on a "rocket docket" to hold a full trial before the election.
"Pre-trial motions already presented a considerable challenge," Turley told the Examiner. "[Chutkan] will now have to review the charges and evidence under the standard set forth by the Supreme Court. The problem with pulling out the stops for a pre-election trial is that Judge Chutkan created little record on these issues."
The Associated Press contributed to this story.
Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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