Judge Chutkan has issued her scheduling order for the next developments in Trump’s January 6 trial.
Rather than scheduling Trump’s frivolous attempt to challenge Jack Smith’s Special Counsel appointment first, Chutkan will instead deal with immunity first, with all briefing due a week before the election.
September 19, 2024: Defendant’s Reply briefs in support of his Motion to Compel, ECF No. 167, and Motion for an Order Regarding Scope of the Prosecution Team, ECF No. 166-1. The Reply briefs shall also identify any specific evidence related to Presidential immunity that Defendant believes the Government has improperly withheld.
September 26, 2024: The Government shall file an Opening Brief on Presidential Immunity.
October 3, 2024: Defendant’s Supplement to his Motion to Dismiss Based on Statutory Grounds, ECF No. 114.
October 17, 2024: Defendant’s Response and Renewed Motion to Dismiss Based on Presidential Immunity.
October 17, 2024: The Government’s Response to Trump’s Motion to Dismiss Based on Statutory Grounds.
October 24, 2024: Defendant’s Request for Leave to File a Motion to Dismiss Based on the Appointments and Appropriations Clauses.
October 29, 2024: The Government’s Reply and Opposition. After briefing, the court will determine whether further proceedings are necessary.
October 31, 2024: The Government’s Opposition to renewed challenge to Special Counsel.
November 7, 2024: Defendant’s Reply on renewed challenge to Special Counsel.
It’s not yet clear how much of the briefing on immunity will be unsealed.
But this defeats Trump’s bid to delay explaining how almost getting his Vice President assassinated was an official act until after the election.