Democracy Dies in Darkness

Judge: U.S. can lay out Trump election interference evidence this month

Judge Tanya Chutkan accused Trump’s lawyer of trying to stall action before the Nov. 5 election. The judge said the election wasn’t part of her calculus.

7 min
The U.S. Capitol. (Matt McClain/The Washington Post)

A federal judge called Thursday for prosecutors and defense attorneys to file significant legal briefs in Donald Trump’s 2020 election subversion case before voters head to the ballot box in November, rejecting the former president’s request to move at a slower pace.

After a testy one-hour hearing in federal court in D.C., U.S. District Judge Tanya S. Chutkan granted a proposal by special counsel Jack Smith’s office to make its case about the limits of Trump’s immunity by Sept. 26, with other filings due in the weeks that follow.

Her scheduling order offers the first glimpse into how the case will proceed after the Supreme Court ruled that presidents cannot be prosecuted for their official conduct, upending the Trump prosecution and forcing the special counsel to seek a superseding indictment.

Chutkan’s decision gives the government an opportunity to lay out new evidence against Trump, though how much, if at all, they will choose to reveal in the run-up to the election remains to be seen.

In court, Trump defense attorney John Lauro had sparred with Chutkan over the schedule, arguing that the next two months is a “very sensitive time” before Republican nominee Trump faces the Democratic nominee, Vice President Kamala Harris, at the polls.

“It strikes me that what you’re trying to do is affect the presentation of evidence in this case in a way so as not to impinge on the election of the president,” Chutkan told Lauro, after the Trump lawyer objected to an order that would let prosecutors make their case first. “This court is not concerned with the electoral schedule.”

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