(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Judge Chutkan chides Trump’s lawyers for attempted delays and spanks Aileen Cannon [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2024-09-05 For the first time since last December, Trump’s DC election interference case is back in District Judge Tanya Chutkan’s courtroom. As usual special prosecutor Jack Smith was ready to move the proceedings along — while Trump’s legal team was doing everything they could to delay the process. Unfortunately for the defense’s “let’s wait“ philosophy, Chutkan is no Judge Aileen Cannon, Trump’s Florida judicial poodle. No one should expect this affair to get to an actual trial any time soon. That will most likely start sometime in 2025. But only if the Supreme Court permits justice to be done — and Kamala Harris wins the election. However, wherever Chutkan has discretion she seems disposed to move the case along with relative haste. The most important matter she has to resolve is how the Supreme Court's presidential immunity decision impacts which crimes Trump can be charged with and what evidence can be introduced at trial. In empaneling a new grand jury to consider and return a superseding indictment, Jack Smith has done his part by removing such things as Trump’s conversations with the DOJ from the equation. Still in the indictment are other matters like Trump’s interference with the states’ election processes, which is in no way part of his official duties (although this Supreme Court is capable of making anything up.) On Thursday, Smith’s team asked for all matters related to immunity to be considered in toto instead of piecemeal. This would streamline the inevitable appeals process. Lead prosecutor, Thomas Windom, put it thus: “We think all immunity decisions should be handled at one time, simultaneously. We know there is going to be interlocutory appeal. We just want to limit it to one.” Trump’s lawyers predictably objected by claiming that approach was unfairly fast. Such a move they argued would be “fundamentally unfair” and at odds with the Supreme Court’s ruling on presidential immunity. Or as Trump’s lead attorney, John Lauro, said: “Allowing the government to selectively portray its case is contrary to the rules of criminal procedure. It shows fundamental unfairness” and permits a “process never before seen in district court. It’s the kind of process the Supreme Court said should never take place.” Chutkan was having none of their nonsense. She swatted away Lauro’s histrionics and fired back that Trump seemed more focused on preventing meaningful developments in the case before the Nov. 5 election. In her words: “It strikes me that what you’re trying to do is affect the presentation of evidence in this case in a way so as not to impinge on the election of the president. This court is not concerned with the electoral schedule.” Lauro also complained that Smith’s superseding indictment was “fatally flawed” because the grand jury had heard evidence he will argue should have been off limits — including his conversations with Vice President Mike Pence. Note: Smith has emphasized that Trump had tried to strong-arm Pence in his role as president of the Senate, rather than as Trump’s #2 in order to persuade Chutkan, and subsequent appeals courts, that those conversations are admissible. Chutkan seemed unimpressed by Lauro’s argument. And she appeared amenable to Windom’s proposal that the government could be ready to move forward with its summation of Trump’s prosecutable conduct in as little as three weeks. She dealt with more defense objections to the tight schedule to present complex issues by observing: “We can all walk and chew gum at the same time.” Trump’s team also tried to argue that the Special Prosecutor was an unconstitutional appointment — a position Justice Clarence Thomas had suggested (no other Justice concurring) in his take on the immunity decision. Why not? Cannon had been happy to dismiss Trump’s stolen documents case on that unfounded, made from whole cloth, interpretation of the Constitution. Alas for their aspirations, Trump’s lawyers discovered, once again, that Chutkan believes in following the law. She pointed out that Trump had failed to file that particular challenge last year in a timely way — not the first time his lawyers had proved they were ignorant of criminal procedure. She also noted that the DC Court of Appeals (her bosses) had previously sided with the government. And she smacked down Cannon by saying she did not find Aileen’s opinion “particularly persuasive.” Which is judge-speak for “She’s a fecking eejit.” No one can say what will happen to this case. It is impossible to predict what matters the DC Appeals Court or the Supreme Court will agree to hear. Or how long they will take to hear it. Or what their decisions will be. But at least at the trial court level, the American people can be assured that have a Judge willing to put her foot on the gas. [END] --- [1] Url: https://www.dailykos.com/stories/2024/9/5/2268153/-Judge-Chutkan-chides-Trump-s-lawyers-for-attempted-delays-and-spanks-Aileen-Cannon?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/