One of the criminal cases against former and potentially future President Donald Trump, specifically to do with January 6, has been remanded back to the lower courts.
On Friday afternoon, Julie Kelly shared a document showing that the decision has been sent back.
"On consideration whereof, it is ordered and adjudged by this Court that the judgment of the above court is vacated with costs, and the cases is remanded to the United States Court of Appeals for the District of Columbia Circuit for further proceedings consistent with the opinion of this Court," the order read in part.
The order also allowed Trump to recover $3,232.80.
IT IS OFFICIAL
— Julie Kelly 🇺🇸 (@julie_kelly2) August 2, 2024
SCOTUS ruling in Trump v US sent back to DC appellate court. Both the DC circuit opinion and Judge Chutkan's order denying presidential immunity from prosecution vacated.
And Pres Trump gets some money back lol pic.twitter.com/XIZCwiMUpG
Susie Moore, at our sister site of RedState also shared a copy of the order in her write-up, emphasizing the good news about Trump having some more money in his pocket now.
The U.S. Supreme Court handed down their Trump v. United States decision on July 1, which found that presidents enjoy immunity when acting in their official capacity.
A report from CBS News offers an explainer on what could come next:
Washington — U.S. District Judge Tanya Chutkan has once again taken control over the 2020 election-related prosecution against former President Donald Trump and could soon lay out how the case will move forward in the coming weeks.
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Chutkan is now expected to interpret and apply the Supreme Court's ruling. She will have to decide which alleged conduct described in special counsel Jack Smith's indictment of the former president is "official" in nature and which could be the subject of criminal prosecution.
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In applying that legal test, the high court ruled the charges against Trump could not be tied to conduct related to his official role as president, like allegations that he worked with Justice Department officials in a plot to investigate the election results, which he believed were rife with fraud. Other alleged conduct contained in charging documents — including Trump's interactions with then-Vice President Mike Pence ahead of the Jan. 6 Electoral College certification by Congress — is a closer call, according to the Supreme Court's decision. As a result, Chutkan will have to presume that Trump is immune from charges tied to that conduct, too, but the Justice Department will have an opportunity to rebut that presumption in future proceedings.
Chutkan's work is likely to be most consumed in determining whether the rest of Trump's alleged actions — namely that he worked to organize false slates of electors, communicated with outside attorneys to execute that plan and urged his supporters to descend on Washington on Jan. 6 — fall within the scope of official or unofficial acts.
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While Trump did not ultimately receive the full immunity from prosecution he initially sought in Chutkan's courtroom, his legal team successfully delayed the criminal proceedings from going forward for more than eight months.
Chutkan is now faced with overseeing the case in the run-up to the 2024 election, though it's highly unlikely a trial will take place before Election Day on Nov. 5.
This latest move is trending over X, and those rooting against Trump seem to be particularly hopeful that Chutkan can still bring something forward before the November 5 election.
A headline from POLITICO framed the matter as one where "Trump’s stalled election-subversion prosecution revs back to life," with the subheadline noting that "Former president’s opponents seek 'mini-trial' to call attention to his role in Jan. 6 unrest."
As that report further mentioned:
The action carries the prospect of reviving action in the gravest of the four criminal cases against Trump — and it comes at a time when others have stalled. Special counsel Jack Smith charged the former president in August 2023 with four counts, alleging a sweeping conspiracy to disenfranchise millions of voters and pressure government officials to overturn the legitimate 2020 election results.
There appears to be no real prospect of a trial in the Jan. 6-focused case before the November election, but some Trump critics have been eagerly awaiting the ministerial action from the high court, hoping that it results in a series of swift decisions from Chutkan that could again put Trump on the defensive. Some have urged the judge to consider holding a hearing to assess the effect of the high court’s immunity ruling on the evidence Smith intends to present. That proceeding could feature witness testimony from key figures in the case.
Trump opponents hope this “mini-trial” would showcase Trump’s ties to the violence that unfolded on Jan. 6, 2021 and remind voters of the most chaotic day of Trump’s presidency, even if it doesn’t carry the same stakes as a jury trial.
When it comes to Trump's other cases, Special Counsel Jack Smith's classified documents case was dismissed by Judge Aileen Cannon last month, not long after the Trump v. United States decision was handed down. Justice Clarence Thomas opened the door to such a dismissal with his concurring opinion, as Katie highlighted at the time. Smith has appealed the dismissal.
Fulton County Fani Willis' case to do with the Georgia election results has also been placed on hold. A court date has not been set until a month after the election when it comes to whether or not to kick Willis off of that case.
Trump was found "guilty" of 34 felony counts on May 30 in a heavily criticized hush money "trial" in New York City. He was able to delay his sentencing from July 11 to September 18. Such a conviction is almost certain to be overturned on appeal. More concerning information still continues to come out about Judge Juan Merchan and the connections that his adult daughter, Loren Merchan, has to Vice President Kamala Harris.
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