Judge Chutkan Sets Jack Smith's Guidelines in Trump Case



by NOUMAN RASOOL

Judge Chutkan Sets Jack Smith's Guidelines in Trump Case
© Chip Somodevilla/Getty Images

In a significant development in the ongoing legal saga involving former President Donald Trump, U.S. District Judge Tanya Chutkan has introduced new procedural stipulations for special counsel Jack Smith. These changes are pivotal in the context of Trump's election subversion case, particularly for future motions that federal prosecutors might file.

Judge Chutkan's decision, formalized through an order signed last Thursday, is a response to Trump's recent motion. The former president had sought to have Smith held in contempt of court, alleging violations of a previous directive that temporarily suspended all actions pertaining to the federal case.

This pause, instigated by Chutkan last month, was intended to provide breathing space while a federal appeals court deliberates on whether Trump is shielded by presidential immunity in the face of the charges leveled against him.

Trump's Defense Strategy

Central to Trump's defense is the assertion of his innocence, predicated on the belief that his actions, as described in Smith's indictment, were within the scope of his presidential powers. The indictment accuses Trump of attempting to cling to power and subvert the results of the 2020 election, which culminated in the infamous January 6, 2021, Capitol riot.

Despite facing four felony counts, Trump has consistently maintained his not guilty plea. In her Thursday ruling, Judge Chutkan partially acquiesced to Trump's requests. While she refuted the idea of holding Smith in contempt or mandating compensation to Trump for any alleged damages, she did impose a new directive on Smith.

Specifically, it requires the special counsel to seek the court's permission before submitting "any substantive pretrial motions."

Chutkan's Mixed Rulings

Judge Chutkan dismissed several of Trump's contentions. She clarified that the temporary stay was not an explicit prohibition against the filing of motions related to the case by prosecutors.

Instead, its purpose was to alleviate the "burdens of litigation" on Trump as a defendant, pending a decision from the appeals court. The judge, however, did concur with Trump regarding a complaint about a December filing by Smith's team.

This filing, which sought to limit Trump's testimony, was deemed burdensome by Chutkan, acknowledging the additional strain it places on Trump's defense team in needing to preliminarily review each government motion. Her order succinctly states, "The court will adopt Defendant's recommendation that the parties be forbidden from filing any further substantive pretrial motions without first seeking leave from the court." Trump, a leading contender for the GOP presidential nomination, continues to assert his innocence in this case and another federal case involving the handling of classified documents at his Mar-a-Lago estate.

In a recent Truth Social post, Trump reiterated his stance on presidential immunity, arguing for its absolute necessity for a president's effective functioning, even in situations that might 'cross the line.'