U.S. District Court Judge for the District of Columbia Tanya Chutkan put a hold on Special Counsel Jack Smith's January 6 incitement case against President Donald Trump Wednesday afternoon, saying she no longer has jurisdiction to oversee the proceedings.
The delay comes as the Supreme Court engages in an emergency review, requested by Special Counsel Jack Smith earlier this week, to determine whether Trump can be prosecuted for conduct carried out while he was still in his official capacity at the White House.
"As the D.C. Circuit recently made clear, a former President’s absolute immunity would constitute 'an entitlement not to stand trial or face the other burdens of litigation.' Thus, because Defendant has appealed this court’s denial of that immunity, 'whether the litigation may go forward in the district court is precisely what the court of appeals must decide,'" Chutkan wrote in the opinion. "Consequently, the court agrees with both parties that Defendant’s appeal automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant."
#SCOTUS agrees to fast track consideration of case testing whether former Pres Trump has immunity from some of the criminal charges against him. Special Counsel Jack Smith asked the Court to consider on an expedited basis. The Court has ordered Trump team to answer by 12/20.…
— Shannon Bream (@ShannonBream) December 11, 2023
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Trump's trial was set to start on March 4. With this delay, that date will likely be pushed back.
Judge Chutkan just put a hold on further proceedings in the federal case against Trump. Smith has worked doggedly to keep the trial scheduled for just before Super Tuesday. This could endanger that date and make it more difficult to try Trump before the election...
— Jonathan Turley (@JonathanTurley) December 13, 2023
...It is still possible that the trial in March could occur depending on how the Supreme Court acts on the request for an expedited review by Smith.
— Jonathan Turley (@JonathanTurley) December 13, 2023
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