Judge Tanya Chutkan issued a pretrial schedule Thursday that effectively ensures no trial will take place in former President Donald Trump’s January 6 case before the 2024 election.
The schedule follows key recommendations from prosecutors, including allowing the government to submit the first brief on the issue of presidential immunity, despite objections from Trump’s legal team. The final deadline in the schedule is set for November 7, just days after the election.
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The pretrial hearing, the first since the Supreme Court’s July ruling on presidential immunity, brought both sides together. The court previously ruled that former presidents are immune from prosecution for official actions taken while in office.
Judge Chutkan acknowledged that any ruling she makes on the matter will likely be appealed, but emphasized the need to move the case forward despite the upcoming election.
“There needs to be some forward motion in this case, regardless of when an election is scheduled,” Chutkan stated.
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As per the schedule, the government’s first brief on the presidential immunity issue is due by September 26, with Trump’s defense response due by October 17 and the government’s reply set for October 29. Chutkan will decide if further proceedings are required after the briefs are filed.
Additional deadlines include an October 24 date for Trump’s team to file a motion to dismiss the indictment on grounds related to Special Counsel Jack Smith’s appointment. The government’s response is due October 31, and the defense’s reply by November 7.
The earliest key date requires the government to complete all mandatory evidentiary disclosures by September 10.
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