News Americas, New York, NY, October 3, 2024: U.S.-Caribbean Judge Tanya S. Chutkan, overseeing the federal case against former President Donald J. Trump related to his efforts to subvert the 2020 election, criticized Trump’s defense attorneys as she approved the redacted release of the latest filing of Special Prosecutor Jack Smith.
Judge Chutkan, who was born in Jamaica and is a naturalized U.S. citizen, is tasked with going through the evidence Smith plans to present, line by line, to determine which charges can be used in court upholding the latest ruling. of the Supreme Court that gives 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 performed in his capacity as a candidate, making them subject to criminal prosecution.
In her order Wednesday releasing Smith’s file, Chutkan advised Trump’s legal team to focus on political rhetoric rather than addressing legal issues. “These allegations, for which the defendant offers no support, continue a pattern of defense filings that focus on political rhetoric rather than addressing the legal issues at hand,” she wrote, calling their tactics “unsuitable for attorneys experienced defender”.
Smith’s statement aims to prove that Trump’s actions in 2020 were taken as a candidate and not as president, meaning they would not be protected by immunity. Although Trump’s lawyers objected to making the file public, Chutkan ordered its release with limited redactions, over Trump’s objections. Trump reacted angrily to the decision, posting on his Social Truth account that the case was politically motivated, calling it an “Unconstitutional Witch Hunt.”
The Supreme Court ruling grants immunity to presidential actions that are considered part of the “core” exercise of executive power. However, if Trump’s actions — such as pressuring government 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 charges against him.
Chutkan is expected to make decisions about immunity by the end of October, following written submissions from the defense and prosecution. Its rulings can be appealed, with the Supreme Court likely to have the final say on which parts of Trump’s indictment will proceed to trial.
