(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Bad news for Trump, Judge Chutkan gets his election interference case back [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2024-08-02 On Friday, the DC Court of Appeals issued a filing that returns Trump’s election interference case to trial judge, Tanya Chutkan. Finally, after things had seemed to all be going the insurrectionist's way, he is now going to find himself in hot water - how hot we do not yet know. For a while, Trump was on a winning streak, racking up significant victories over prosecutors. The Supreme Court ruled that he cannot be prosecuted for anything he did in an “official“ capacity — no matter how self-serving and criminal. In addition, the inordinate amount of time it took SCOTUS to render their absurd decision made it impossible for the trial, in any form, to be concluded before the election. But the case did not go away. It is now up to Chutkan to set a schedule to hear arguments over whether Trump’s actions were indeed “official” or not. That process will start before the election. And American voters will get to hear at least some of the details of Trump’s attempt to overthrow democracy. These revelations will allow them to make a better informed decision in November. Trump will be desperate to keep the evidence of his egregious acts out of the public record. His lawyers will argue strenuously that matters should only be considered in abstract and theoretical terms. Special prosecutor Jack Smith will argue equally vehemently that a decision as to whether Trump‘s actions were “official“ or not cannot be made unless the details of the case are discussed and evidence presented. I have no crystal ball. I do not know how Chutkan will proceed, or what evidence if any, she will allow. But I suspect that she, as a judge who values the integrity of the judicial branch, will allow the record to reflect at least some specifics of Trump’s attempt to illegally cling to power. Ultimately, Trump will probably not be held accountable in the case. If he wins the election, the charges will go away. If Kamala wins, and Chutkan decides that at least some of his actions were “unofficial”, the trial will proceed. However, even if he is found guilty of something, the likelihood is that the thoroughly compromised and venal Supreme Court conservatives will overturn a conviction on appeal. They will interpret “official acts” to include everything a president (as long as they are a Republican) does. In other matters, it will be harder for the Supreme Court to maintain that Trump’s actions in the Florida document case were “official” as the crimes he is charged with there were committed after he left office. Although, no doubt, the pro-fascist jurists will try to cook up some nonsense. Their better action would be to agree to hear Trump’s appeal of the 5th Circuit’s likely decision to overrule Aileen Cannon’s dismissal of the case. That will add months to the process. Although it doesn’t make the case go away. If SCOTUS agrees with Cannon, then Kamala’s AG (fingers crossed) will have a regular US Attorney refile the case. Note: Kamala’s AG would also have to re-file the DC election interference case with a US Attorney. The Georgia case will proceed, regardless of who wins the election. But that is such a mess, God only knows when it will be heard. And, despite it being a state case, it will also go away if SCOTUS rules that official presidential acts include overt and documented election interference. That seems insane. But the Trump Six are so in the tank for their guy, that they will absolve him of that as well. Especially as there is little anyone can do about it. Even if the Democrats hold onto the Senate and win back to the House, they will fall short of the majority needed to render a guilty verdict in an impeachment trial. It doesn’t mean they shouldn’t try. The optics of such a trial could make expanding the court politically more viable. But that is all speculation. What is known is that Trump and his lawyers will have some explaining to do in front of Chutkan. And she may well allow the prosecutors to present more information about Trump’s actions than he would like. And the voters will learn much to influence their decision in November. Trump can still hold out hope the Supreme Court will continue to run interference for him. But if they do, Kamala and her team must turn an even more reviled Supreme Court into electoral gold for Democrats. #vote [END] --- [1] Url: https://www.dailykos.com/stories/2024/8/2/2260167/-Bad-news-for-Trump-Judge-Chutkan-gets-his-election-interference-case-back?pm_campaign=front_page&pm_source=trending&pm_medium=web Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/