Judge Tanya Chutkan hears Trump lawyers' argument for immunity and potential collapse of indictment
WASHINGTON, DC: Judge Tanya Chutkan heard Donald Trump's lawyers arguing in court that communications between Trump and former vice president Mike Pence around January 6 should be considered immune from legal scrutiny.
They asserted on Thursday, September 5, that such a ruling could dismantle the latest indictment against Trump.
Donald Trump's legal team challenges the indictment
Donald Trump’s legal team, led by attorney John Lauro, told Judge Tanya Chutkan that the discussions between the former president and Mike Pence about the vice president’s role in certifying the 2020 election results are central to the government's case.
Lauro argued that the entire indictment would be undermined if these communications were deemed immune, according to Daily Mail.
In the hearing, Trump's attorney also stated, "If in fact the communications with Vice President Pence – which are all over this indictment … if in fact these are immune, then that entire indictment is improper."
"If your honor decides that that is immune, then the whole indictment craters," he added.
The case, which has significant implications as Trump seeks another term in the White House, sees the former president's legal team pushing for an opportunity to file a motion to dismiss the new indictment, which came after Special Counsel Jack Smith secured a superseding indictment from a grand jury, after being influenced by Supreme Court's ruling on presidential immunity.
Judge Chutkan responds to election concerns
Judge Tanya Chutkan responded sharply when Donald Trump's lawyer, John Lauro, mentioned during the hearing the sensitive timing of the proceedings amidst the upcoming presidential election in November 2024.
She interpreted this statement as an attempt to delay the legal process of the election interference case due to the electoral calendar.
"I understand there is an election pending. I’ve said before and I say again that the electoral process and the timing of the election … is not relevant here," she stated firmly.
Lauro emphasized the importance of the communications between Trump and Pence, where the former president reportedly urged Pence that he had the authority to reject votes for Joe Biden certified by states.
The attorney described this issue as a "gateway" matter that should be resolved before delving into other evidence gathered by prosecutors.
"If you decide this issue, then all of that briefing never takes place," argued Lauro, underscoring his request for the court to prioritize this decision.
Judge Tanya Chutkan allows motion challenging Jack Smith’s appointment
Judge Tanya Chutkan also permitted John Lauro to file a motion challenging the constitutionality of Special Counsel Jack Smith’s appointment.
However, she expressed doubts about the argument as she noted it was based on a concurring opinion by Supreme Court Justice Clarence Thomas and a related ruling by a district judge in Florida.
She questioned the merit of the motion in the case by asking why she should "go against binding D.C. Circuit precedent."
