Judge Tanya Chutkan, overseeing the D.C. trial against Trump’s alleged election interference, had the trial date set for March 4, but the timing is no longer within control.
Everything is on pause
Following Chutkan’s ruling that former President Trump was not immune from criminal prosecution, Trump’s team filed an appeal. This put the case on pause, and Trump’s immunity claims remain pending before the D.C. Circuit Court of Appeals.
The trial will not happen in March or April
Michael McAuliffe, a former federal prosecutor, told Newsweek because the court of appeals has yet to decide on Trump’s presidential immunity claims, “Judge Chutkan likely doesn’t see any reasonable chance that the Trump criminal case moves forward to trial in March or April of this year.”
Summer 2024 is more likely
McAuliffe further noted, “Assuming immunity is rejected by any and all courts, a trial in the summer of 2024 for the January 6 case is the most likely scenario.”
Another ex-prosecutor has grim predictions
Neama Rahmani, also a former federal prosecutor, told Newsweek that even when the D.C. Court of Appeals rules on Trump’s immunity, Trump’s legal team will “petition for a hearing before the full panel of D.C. appellate judges, then appeal to the Supreme Court.”
Not before the election
Rahmani added, “That process will take months, and unless Judge Chutkan lifts the stay, there is a possibility that Trump’s trial does not happen before the November election.”
The clock is ticking
Former federal prosecutor Joyce Vance recently reminded in her blog Civil Discourse, “The clock continues to tick, making it all but impossible for Judge Chutkan’s March 5 trial date in the Special Counsel’s January 6 prosecution to hold up.”
Time is of the essence
Jordan Rubin, a former prosecutor, wrote for MSNBC, “While some observers are eager for a ruling as soon as possible to avoid further delay of Trump’s federal election interference trial, which technically is set to start March 4, whether the opinion takes weeks instead of days isn’t the judges’ greatest concern.”
Chutkan’s order from January 18
In her order, issued on January 18, the Judge wrote, “Contrary to Defendant’s assertion, the court has not and will not set deadlines in this case based on the assumption that he has undertaken preparations when not required to do so.”
Not within the Judge’s control
The former prosecutor shared on X, “This is the second time in a week that Chutkan has dropped breadcrumbs about the expected timing of Trump’s federal election interference case.” He added, “But in the end, the biggest factor in her timing is the resolution of an appeal not within her control.”
Spare date
There were rumors of the trial being pushed to April 2, but according to legal experts, that is highly unlikely. The January order was the first time Judge Chutkan acknowledged that a delay was unavoidable.
The question of potential jurors
Potential jurors should report on February 9 to complete the court-issued detailed questionnaires. Since there is no sign of higher courts planning to speed up the immunity claims, this date will likely be rescheduled.
Trump’s packed calendar
Even if the proceedings end somewhat swiftly, Trump has other court appearances scheduled. For example, Trump faces 34 felony counts in the hush-money scheme, and the trial is set for March 25. Trump faces 41 federal felony charges related to the mishandling of classified documents, and the trial date is still May 20.
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