In the case of former President Donald Trump attempting to overturn the results of the 2020 presidential election, judicial proceedings have been postponed until the Supreme Court decides whether to dismiss the case or not. Judge Tanya Chutkan decided to postpone the trial until a decision is made by the Supreme Court, leaving it largely up to the Supreme Court to determine the trial date and whether it will proceed.
Key Facts
Trump asked Judge Tanya Chutkan to delay all proceedings in the federal election case after he requested the federal appeals court to dismiss the charges against him. Trump claimed that the charges against him should be dismissed because his attempt to change the results of the 2020 election during his presidency means he has “presidential immunity”, but Chutkan rejected this argument, asserting that Trump’s presidency does not grant him the “divine right of kings to avoid criminal accountability that governs his fellow citizens”.
What to Watch For
Chutkan’s decision to postpone proceedings in the federal election case means that the trial will be held in abeyance until the appeal concerning whether the indictment against Trump should be dismissed is resolved. The Justice Department has asked the Supreme Court to take up the case, arguing that the justices should hear oral arguments in the case and issue a ruling before the court term ends in June, without waiting for a ruling from the appeals court first. If the Supreme Court declines and leaves the dispute to the D.C. Circuit Court, prosecutors have also asked that court to expedite its consideration of the case. The Supreme Court has yet to issue its decision regarding the Justice Department’s request, and it remains to be seen how the ongoing appeal may affect the scheduled trial date in March.
Main Background
Trump has been charged with four criminal counts in the federal election case, with prosecutors accusing him of conspiracy and obstruction related to his and his allies’ efforts to change the results of the 2020 election. The schemes to challenge the results included several activities that prosecutors allege were illegal, including pressuring state and legislative officials to reject vote counts, submitting fake elector lists to Congress in an attempt to obstruct the certification process for President Joe Biden’s victory, and pressuring former Vice President Mike Pence to refuse to certify the results. Trump has denied the charges against him – which carry prison time if convicted – calling the case a “political witch hunt” designed to harm his 2024 candidacy. The federal election case is one of four criminal cases brought against Trump and one of two related to the 2020 general election, as he also faces separate criminal charges in Georgia. Trump reiterates his claim that the case against him should be dismissed due to “presidential immunity,” a legal argument that the former president has raised in several cases brought against him, including civil cases seeking to hold him accountable for the January 6 riot and the defamation case brought against him by writer E. Jean Carroll. In addition to Chutkan, no other judges have shown sympathy for Trump’s argument, as district courts and appellate courts have rejected his efforts to dismiss the January 6 cases, and a judge also denied Trump’s attempt to dismiss the Carroll case.
Further Reading
DOJ Takes Trump To Supreme Court: Asks Justices If Trump Has Immunity In Jan. 6 Criminal Case
Trump Asks Judge To Delay Jan. 6 Criminal Case—And Says He’ll Act As If Case Is On Hold In Meantime
Is Trump Immune From Criminal Charges? What To Know About ‘Presidential Immunity’ As Supreme Court Weighs Taking Up Case.
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