Judge Chutkan Formally Postpones Jack Smith’s DC Trial Amid Trump Immunity Arguments, Vacates Jury Questionnaire Process
Judge Tanya Chutkan, the Obama appointee who is overseeing Jack Smith’s January 6 case against Trump in DC formally postponed the trial on Friday.
On Thursday it was reported Jack Smith’s DC case against Trump had been removed from the court calendar. The March 4, 2024 trial date, which was scheduled before Super Tuesday, was dropped from the calendar within the last week.
Judge Chutkan in an order Friday postponed the trial and told the prospective jurors who were asked to fill out a pre-trial questionnaire not to appear in 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
Chutkan was forced to postpone the March 4 trial as the DC Circuit Court of Appeals considers Trump’s immunity claims.
Trump’s lawyers argued that Trump is immune from federal prosecution for alleged ‘crimes’ committed while he served 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.”
Last month, John Sauer, a Missouri-based attorney for Trump, appeared before a three-judge panel for the DC Circuit Court of Appeals to argue Trump’s immunity claims in Jack Smith’s DC case.
The three-judge panel hearing oral arguments on immunity claims: Florence Pan (Biden appointee), Michelle Childs (Biden appointee), and Karen Henderson (George W. Bush appointee).
On January 9 a three-judge panel heard oral arguments and appeared skeptical of Trump’s immunity claims – one judge, a Biden appointee, asked attorney John Sauer if Trump would be subject to criminal prosecution if he ordered SEAL Team 6 to assassinate his political rivals.
“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, former Solicitor General of Missouri and friend of The Gateway Pundit, replied, “If he were impeached and convicted first… my answer is qualified yes, there is a political process that would have to occur under the structure of our Constitution which would require impeachment and conviction by the Senate in these exceptional cases…”
If the DC Circuit Court of Appeals rules that Trump does not have presidential immunity, Trump will likely ask for an en banc hearing (a request for the court’s entire slate of 11 judges to make a decision).
Out of the 11 judges at the DC Circuit Court of Appeals, only four are conservatives so Trump will likely have to take the immunity fight to the US Supreme Court.
Meanwhile in Florida….
Judge Cannon, the Trump appointee who is overseeing Jack Smith’s classified documents case in Florida will hold a March 1 hearing to get a status update on the special counsel’s DC case.
Cannon suggested the May 20 trial date for the classified documents case will be postponed if the special counsel couldn’t resolve the Trump immunity argument in a timely manner.
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