Conference scheduled for August 16 as Trump's D.C. criminal case sent back to district court

By 
 August 8, 2024

Last week saw former President Donald Trump's Washington, D.C. criminal case sent back to district court following a decision by America's highest judicial body on presidential immunity.

Yet as Fox News pointed out, even if the case does ultimately go to trial, it is unlikely to conclude before the public votes in November.

Defense can refile dismissal motion once immunity issues "have been resolved"

Fox News noted that Trump faces charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Those allegations all stem from an investigation of Trump's behavior following the 2020 election by Special Counsel Jack Smith.

While Judge Tanya Chutkan was quick to dismiss a motion seeking to have the charges dismissed, she indicated that defense lawyers can refile it "once all issues of immunity have been resolved."

"By August 9, 2024, the parties shall confer and file a status report that proposes, jointly to the extent possible, a schedule for pretrial proceedings moving forward," Chutkan's order was quoted as saying.

Conference scheduled for August 16

"If necessary, the parties may explain any disagreements in separate sections of the report," the judge's order went on to state.

Chutkan further ordered that a conference will take place on August 16, at which point the next step in the case will be determined. That date is roughly two and a half months before voters go to the polls.

The dismissal motion from Trump's defense is based on a Supreme Court ruling from early last month which found that a president enjoys a presumption of immunity for official acts and absolute immunity when "exercising his core constitutional powers."

However, Chief Justice John Roberts also stressed in his majority opinion that "[t]he President enjoys no immunity for his unofficial acts, and not everything the President does is official."

Defense lawyers seek to have New York judge recuse himself

Meanwhile, Trump's lawyers were also busy in New York this week, with The Hill reporting that attorneys Todd Blanche and Emil Bove sent a pre-motion letter to Judge Juan Merchan ahead.

Blanche and Bove argued that Merchan, who presided over the former president's business records case, should recuse himself since his "daughter has a long-standing relationship with [Vice President] Harris, including work for political campaigns."

"She has obtained — and stands to obtain in the future — extensive financial, professional, and personal benefits from her relationship with Harris," the letter added.

The New York Post pointed out earlier this year that Loren Merchan is president of Authentic Campaigns, a political consulting firm which used the former president's trial to raise millions of dollars for Democratic candidates. 

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson