Judge Tanya Chutkan, an Obama-appointed judge presiding over the January 6 case against Trump in DC, officially rescheduled the trial on Friday.
Reports emerged on Thursday that Jack Smith’s DC case against Trump had been taken off the court schedule.
The previously set trial date of March 4, 2024, planned before Super Tuesday, was removed from the calendar sometime during the past week.
In her order issued on Friday, Judge Chutkan postponed the trial and instructed potential jurors who were required to complete a pre-trial questionnaire not to attend court next week.
JUST IN: Judge Chutkan in Trump’s DC election case enters an order officially vacating the jury written questionnaire process & vacating the court’s Pretrial Order, stating it will set a new schedule “if and when the mandate is returned.” pic.twitter.com/O0t1FoLJzu
— Katie Phang (@KatiePhang) February 2, 2024
Due to Trump’s immunity claims being reviewed by the DC Circuit Court of Appeals, Chutkan was compelled to delay the trial scheduled for March 4. Trump’s legal team asserted that he is protected from federal prosecution for any alleged “crimes” committed during his tenure as US President.
“In 234 years of American history, no president ever faced criminal prosecution for his official acts. Until 19 days ago, no court had ever addressed whether immunity from such prosecution exists,” Trump’s lawyers wrote in last month’s filing, according to CBS News. “To this day, no appellate court has addressed it. The question stands among the most complex, intricate, and momentous issues that this Court will be called on to decide.”
In the previous month, John Sauer, a lawyer from Missouri who represents Trump, presented his case regarding Trump’s immunity claims in Jack Smith’s DC lawsuit before a three-judge panel at the DC Circuit Court of Appeals.
The panel consisted of three judges who were assigned to hear oral arguments on the immunity claims: Florence Pan, appointed by Biden; Michelle Childs, also appointed by Biden; and Karen Henderson, appointed by George W. Bush.
A three-judge panel listened to oral arguments on January 9 and showed doubt regarding Trump’s claims of immunity.
One judge, who was appointed by Biden, questioned attorney John Sauer on whether Trump could face criminal prosecution if he instructed SEAL Team 6 to assassinate his political opponents.
“Could a president who ordered SEAL Team 6 to assassinate a political rival, and is not impeached, would he be subject to criminal prosecution?” Judge Florence Pan, a Biden appointee asked John Sauer.
John Sauer, a former Solicitor General of Missouri, responded that if Trump were impeached and convicted first, there would be a political process that would need to take place under the Constitution.
This process would require impeachment and conviction by the Senate in exceptional cases. If the DC Circuit Court of Appeals decides that Trump does not have presidential immunity, it is likely that Trump will request an en banc hearing, where all 11 judges on the court will make a decision.
Since only four out of the 11 judges at the DC Circuit Court of Appeals are conservatives, it is probable that Trump will need to bring his immunity fight to the US Supreme Court.
Judge Cannon, who was appointed by Trump and is overseeing Jack Smith’s classified documents case in Florida, has scheduled a hearing for March 1 to receive an update on the special counsel’s DC case.
Cannon has suggested that if the special counsel cannot resolve the argument regarding Trump’s immunity in a timely manner, then the trial date for the classified documents case on May 20 may be postponed.
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