“The court accordingly ORDERS the following: A status conference in this matter is hereby scheduled for August 16, 2024 at 10:00 A.M. in Courtroom 9.”
Judge Tanya Chutkan has restarted Donald Trump's January 6 case brought by Biden DOJ special counsel Jack Smith after the Supreme Court ruled that presidents have immunity for core executive actions. The case was sent back to the appeals court and Chutkan wasted no time in setting dates for proceeding hearings as well as denying Trump's motion to dismiss the case. Trump can still file a renewed motion to dismiss.
In court documents obtained by reporter Julie Kelly, Chutkan wrote, "The court has regained jurisdiction over this case. See Mandate, United States v. Trump, No. 23-3228 (D.C. Cir. Aug. 2, 2024). The court accordingly ORDERS the following: A status conference in this matter is hereby scheduled for August 16, 2024 at 10:00 A.M. in Courtroom 9."
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View on X"The requirement of Defendant's appearance is waived for the conference. By August 9, 2024, the parties shall confer and file a status report that proposes, jointly to the extent possible, a schedule for pretrial proceedings moving forward," Chutkan wrote. "Defendant's Motion to Dismiss the Indictment Based on Statutory Grounds, ECF No. 114, is hereby DENIED without prejudice. Defendant may file a renewed motion once all issues of immunity have been resolved."
The Supreme Court ruled in early July that presidents have immunity for core official acts and then presumed immunity for other acts when acting as the president of the country, private acts, however, do not warrant such immunity, over the Court.
Documents from the Supreme Court stated, "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 opinion from SCOTUS stated, "The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution."
The determination will have to be made by the court as to what of Trump's actions for which he is charged fall under the imunity clause, per the SCOTUS ruling, and which do not in order to proceed with the prosectution.
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