Judge Chutkan Denies Trump’s Motion To Dismiss Election Case, Sets Status Conference

Authored by Tom Ozimek via The Epoch Times,

U.S. District Judge Tanya Chutkan has scheduled a mid-August status conference in the classified documents case against former President Donald Trump, while denying his legal team’s motion to dismiss the indictment.

The status conference, set for Aug. 13 in a Washington, D.C., federal courthouse, will address procedural matters and help determine the next steps in the proceeding, reads an order signed by Chutkan on Aug. 3.

Chutkan ordered both the prosecution and the defense to submit a joint status report by Aug. 9, which will update the court on the progress of the case and can include such information as any agreements or disputes between the parties, as well as completed tasks and upcoming deadlines.

In the same order, Chutkan granted a brief stay on the briefing deadlines for special counsel Jack Smith’s motion seeking to limit the evidence and arguments that Trump’s legal team can introduce during the trial, particularly those that prosecutors argue are irrelevant or prejudicial.

Specifically, the government’s motion seeks to exclude evidence related to Trump’s claims of selective prosecution, alleged investigative misconduct, and speculative theories about foreign influence or undercover agents during the Jan. 6, 2021 breach of the U.S. Capitol. Smith has also asked the judge to disallow arguments meant to sway the jury with political rhetoric or potential consequences of a conviction, and to impose limits on cross-examination by the defense, including potential testimony on Trump’s state of mind or belief that the 2020 election was stolen.

Chutkan’s order also denied without prejudice Trump’s motion to dismiss the indictment, which was filed on statutory grounds. Trump attorneys claim in their motion that Smith’s indictment improperly applied legal statutes, while arguing that the charges filed failed to demonstrate any acts of deceit or trickery necessary to establish conspiracy to defraud the United States, a key charge leveled against the former president in the case.

Smith’s team charged Trump with four counts, including conspiracy to defraud the United States and to obstruct an official proceeding, in a case that centers on the former president’s actions after the 2020 election. Trump has pleaded not guilty, arguing that the case is motivated by political animus against him and is designed to thwart his 2024 presidential campaign.

Trump counsel also argued in the motion to dismiss that Trump’s public comments and actions to contest the results of the 2020 election were lawful exercises of his First Amendment rights and do not amount to obstruction of a government function. They also claimed that the indictment lacked the specificity required to support claims of corrupt intent, while arguing that the legal statutes cited by Smith’s team in the indictment should be interpreted more narrowly to avoid criminalizing legitimate political activity.

A request for comment sent to Trump counsel regarding Chutkan’s rejection of the motion to dismiss was not immediately returned.

The renewed activity in the case, which had been put on hold pending Trump’s appeal to the U.S. Supreme Court on arguments he was immune from prosecution, occurred after the case was returned to Chutkan on Aug. 2, paving the way for further motions and hearings.

The Supreme Court ruled on July 1 that Trump is entitled to some immunity, based on the high court’s finding that presidents have absolute immunity for actions within their “conclusive and preclusive constitutional authority,” presumptive immunity for official acts, and no immunity for unofficial acts.

The Supreme Court justices sent the case back to district court, leaving it up to Chutkan to decide how to apply the ruling to the case.