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Judge in Donald Trump Case Urges Swift Action from Supreme Court
A suspension by a judge of Donald Trump’s trial related to election fraud is prompting the Supreme Court to make a swift decision on Trump’s claim of presidential immunity, according to a legal expert.
Stephen Gillers, a professor of law at New York University, commented following Judge Tanya Chutkan’s recent decision to halt Trump’s trial pending the Supreme Court’s ruling on the matter of Trump’s immunity as a former president.
This move might postpone the trial, originally set to start with jury selection in February and the trial commencement on March 4.
Judge Chutkan filed an order indicating her current lack of jurisdiction over the case, leading to a freeze on all upcoming deadlines and court dates, though not eliminating them entirely.
Chutkan’s order referenced a recent D.C. Circuit opinion about the concept of a former President’s absolute immunity, which would shield them from trial or other legal burdens like discovery duties.
Gillers interprets Chutkan’s suspension of pre-trial activities as a signal for appellate courts to expedite their decision on immunity issues. He anticipates a resolution on this matter by the end of January, allowing for a potential March trial if Trump’s immunity claim is denied.
The chief prosecutor, Jack Smith, requested the Supreme Court to quickly address Trump’s immunity to avoid trial delays on December 10. The next day, the Supreme Court indicated its intent to prioritize the case.
The Supreme Court also instructed Trump’s legal team to respond to Smith’s request by December 20.
Trump faces four charges in Washington, D.C., linked to attempts to alter the 2020 election results before the January 6, 2021, Capitol riot. He has declared his innocence, claiming conspiracy against the U.S. government and obstruction of an official proceeding.
Amidst his campaign for the Republican presidential nomination, Trump is also contending with three other criminal cases, consistently pleading not guilty and alleging political persecution.
Gillers noted that Judge Chutkan would continue to enforce a gag order on Trump, restricting his ability to publicly criticize witnesses and court officials. However, a federal appeals court recently modified this order, allowing Trump to critique Smith.



