News Americas, New York, NY, October 3, 2024: Caribbean-American Judge Tanya S. Chutkan, overseeing the federal case against former President Donald J. Trump related to his efforts to overturn the 2020 election, criticized Trump’s defense attorneys as she approved the redacted release of Special Counsel Jack Smith’s latest filing.
Judge Chutkan, who was born in Jamaica and is a naturalized US citizen, is tasked with reviewing the evidence Smith plans to present, line by line, to determine which allegations can be used in court while adhering to the Supreme Court’s recent ruling that grants presidents broad immunity for most official actions. Her challenge will be to decide which actions taken by Trump were official presidential duties and which were conducted in his capacity as a candidate, making them subject to prosecution.
In her order on Wednesday, releasing Smith’s filing, Chutkan admonished Trump’s legal team for focusing on political rhetoric rather than addressing the legal issues. “These accusations, for which Defendant provides no support, continue a pattern of defense filings focusing on political rhetoric rather than addressing the legal issues at hand,” she wrote, calling their tactics “unbefitting of experienced defense counsel.”
Smith’s filing aims to prove that Trump’s actions in 2020 were taken as a candidate rather than as president, meaning they would not be protected by immunity. Although Trump’s lawyers opposed making the filing public, Chutkan ordered its release with limited redactions, over Trump’s objections. Trump reacted angrily to the decision, posting on his Truth Social account that the case was politically motivated, calling it an “Unconstitutional Witch Hunt.”
The Supreme Court ruling gives immunity to presidential actions deemed part of the “core” exercise of executive power. However, if Trump’s actions – such as pressuring state officials or spreading false claims about the election – are found to have been taken in his personal capacity as a candidate, they could be used in court to support the charges against him.
Chutkan is expected to make decisions regarding immunity by late October, following written submissions from both the defense and prosecution. Her rulings could be appealed, with the Supreme Court likely to have the final say on which parts of Trump’s indictment will proceed to trial.
