Thread by @MacFarlaneNews

En route to the courthouse ... and courtroom 9

Updates begin at 10am

REMINDER: Trump has waived his right to attend the hearing. Judge approved him doing so

Trump has instructed his defense attorneys to enter a NOT GUILTY plea, on his behalf, to the charges in the superseding indictment

LAST WEEK: Special Counsel Jack Smith asked court for hearing on immunity issues raised by Supreme Court: "On whether any categories of material in the superseding indictment or that the Government plans to use at trial implicate immunity"

That raises prospect of colorful hearing soon

Jack Smith's filing ahead of today's hearing indicates he's ready to move on immunity argument

"The Government is prepared to file its opening immunity brief promptly at any time the Court deems appropriate."

Ahead of today's status conference, Trump's defense proposed a timetable that slides deep into 2025 for this case

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And yes.. Trump's defense is poised to pounce on the issue of whether Special Counsel Jack Smith is rightfully appointed. The same issue used by Judge Aileen Cannon to toss Trump's classified records case

Trump defense ahead of hearing: "Trump will move to dismiss the Special Counsel’s improper appointment and use of non-appropriated funds—issues that a Supreme Court justice describes as 'serious questions' that 'must be answered before this prosecution can proceed”

Trump's defense is also poised to challenge the election conspiracy case by challenging the "obstruction" charge that the Supreme Court recently ruled against ... in the Jan 6 cases

Early in this case, Judge Tanya Chutkan pushed back on Trump's efforts to seek delays/extensions in this case

Judge Chutkan also originally ruled against Trump's claim of "Presidential immunity", by ruling that being a former President isn't a get-out-of-jail-free card

HERE WE GO: As always, Judge Tanya Chutkan is punctual. This 10am status conference is beginning at 10am.

Trump’s legal team is at their table. The wooden benches in the audience of courtroom 9 are filled with spectators/reporters.

Thomas Windham and Molly Gaston will speak for Special Counsel

(They're seated to the Judge's right)

John Lauro and Todd Blanche are here for Trump (They're seated to the Judge's left)

Judge Chutkan: "Good morning.. it's been almost a year!"

Chutkan jokes to Trump's defense lawyer ... how the defense "looks rested"

"Enjoy it while it lasts".. she adds

To laughter in room

HERE COMES THE ARRAIGNMENT of Trump on the new superseding indictment

Trump has waived appearing personally for this

Judge confirms with defense lawyers that Trump pleads NOT GUILTY to the four federal criminal charges

Defense confirms Trump has received the indictment and understands it and reviewed it. Defense confirms NOT GUILTY plea

Arraignment lasted approximately ONE MINUTE

It's done

Now this status conference shifts to issues of timing of case

(Pardon fast fingers on spelling)

Thomas *Windom* represents Special Counsel here today

Special Counsel attorney argues Supreme Court has created new law... and that this is not a "typical" juncture in a typical case

Thomas Windom argues: "We should structure a schedule that leads to only ONE interlocutory appeal." He says defense is seeking to set up multiple appeals

Special Counsel indicates the legal brief they've prepped on the issue of "Presidential immunity" is chock full of exhibits and elements ...

Defense argues that such a filing by the Special Counsel would be unfair to Trump

Defense: The Supreme Court has already decided that the information/communication between President Trump and VP Pence is an official act

Judge Chutkan intervenes and says she disagrees.. says that issue is up to her to decide

Trump's defense is arguing that the Special Counsel's request to promptly file a briefing and arguments on issues of "Presidential immunity" would be prejudicial to Trump

Trump's defense does NOT want an evidentiary hearing to be held on the issue of immunity

Defense wants to argue for dismissal BEFORE any evidentiary hearing

Judge to defense: "Are you arguing I don't have the authority" to order hearing?

Judge says Supreme Court has not precluded her from doing so

Defense: "We want an orderly process that does honor to the Supreme Court" ruling

Defense says it wants to "go first" .. and its motion to dismiss

Judge notes how defense has proposed pushing case calendar into *next fall*

Judge: "Immunity needs to be dealt with as early as possible", she says that's her read of Supreme Court decision

She asks why defense wants to wait months on it

!!! Defense argues prosecution would be putting into "on the public record... during a sensitive time" .. details about its case

!!! Judge Chutkan to defense: The court is *not concerned* with the election schedule

"That's nothing I'm going to consider"

Defense again argues about "the sensitive time that we're in"

Judge again emphasizes that she's not going to be drawn into issues of the election

Defense: "What is the rush to judgment the special counsel is suggesting?"

Judge: "This case has been pending for a year. We're hardly sprinting to the finish line"

Judge: We all know my decision will be appealed.. and case will be delayed further

Judge: "We've had a year... there needs to be some forward motion in this case. Regardless of when an election is scheduled"

Defense argues Supreme court ruling "has changed the complexion of this case" significantly

Defense argues the superseding indictment resets the case

Judge says if she gives Special Counsel three weeks to file its brief on immunity... "That's not breakneck speed"

Defense says there is "hidden" grand jury information that is "very exonerative" of Trump

Including FBI records, grand jury presentations

Judge Chutkan: When the Supreme Court had this case... they had the indictment in front of them.. yet they sent the case back to me to decide issues

"I can't just dismiss the superseding indictment based on the Supreme Court's decision"

Defense: "We're being put in an incredibly unfair position. For no reason at all"

"We're talking about the Presidency of the United States"

Judge intervenes: "I'm not talking about the Presidency of the United States.. I'm talking about a four-count indictment"

Judge Chutkan criticizes Trump defense attorney John Lauro for the "subtext" of his arguments about these "sensitive time"

She's interjecting and rebutting any references to the election

(She did so early in this case last year too)

Special Counsel attorney Windom responds to allegations from defense that the case is moving too speedily: The Supreme Court opinion came out two months ago. The superseding indictment is a slimmer version of the original indictment

Special Counsel notes how defense moved especially quickly in its filings in New York criminal case

As defense approaches podium again, Judge Chutkan warns "I don't need anymore rhetoric about how 'grave' and 'serious" this moment is

Defense attorney John Lauro counters: It's not rhetoric, it's a legal argument

Defense: "We haven't talked about the illegitimacy of Mr. Smith.. but we will"

Defense attorney calls Jack Smith an "illegitimate proscutor"

(This argument aligns with Judge Aileen Cannon's ruling in Florida tossing classified documents case)

Judge asks why defense didn't challenge the Special Counsel's authority last year.... when early motions deadlines were set

Defense cites "Justice Thomas's" recent Supreme Court opinion and the Florida case dismissal

Defense: Court must decide issue of special counsel's authority "in light of Justice Thomas's interest" in the issue

And in light of Judge Cannon tossing the Florida case

!!! Judge Chutkan says she does not find the decision/ruling against Special Counsel by Judge Aileen Cannon in Florida "very persuasive"

Defense: Justice Thomas directed us to raise this issue

Judge Chutkan interjects: "He *directed* you to do it?"

Defense: Well.. he didn't direct us to

Prosecution argues Trump has waived his right to file a motion challenging Special Counsel's authority by failing to do so before a prior deadline in case

But Chutkan will allow defense to nevertheless file the motion.

Judge Tanya Chutkan does not want to hear about the election during this case. She insists she will NOT consider the election when deciding issues in this case

And she's pushing back on references by defense to the "sensitive" moment

Defense has made several references to the "14 million pages of documents" in the case

As they seek a more deliberate and slower timeframe for case

Special Counsel attorney is *emphatically* arguing that the prosecution has already provided all evidence/records to defense

Special Counsel says judge, if she'd like, can set a deadline of *today* for all evidence/discovery

It's all been handed over already, he says

Judge wants to talk about a trial date now

But then Judge Chutkan acknowledges: "It's an exercise in futility to talk about a trial date now"

Pointing toward likely appeals and challenges

Special Counsel agrees with judge

DONE. Judge Chutkan ends status conference.

She will work on a new schedule for this case. And release it ....... at some point in the future

Elections will not be a factor for her timing, per her multiple statements about the issue during these proceedings

ALERT:

Judge Tanya Chutkan will allow Jack Smith's team to make its court filing -- with possible revelations/evidence against the former President - in the Trump election conspiracy case

"Government shall file an Opening Brief on Presidential Immunity by September 26, 2024"

Judge Tanya Chutkan has been especially crisp with deadlines and managing the Trump criminal case docket.

In court this AM, Chutkan said she’d try to release a scheduling order on the case by the end of the day.

And … Voila … there it is:

storage.courtlistener.com/recap/gov.usco…

From the outset of this case (in Aug 2023)… Judge Chutkan has said she’d treat Trump as she would any other criminal defendant. And she’s consistently said campaigns and Election Day wouldn’t impact her decisions

Big win for Jack Smith

The bottom line is clear: Evidence in the Trump 2020 election conspiracy case could be revealed.... less than six weeks before the 2024 election

And after some voting has already begun

It was Trump's legal team that filed the appeals and the challenges that have pushed this case so deep into the 2024 election cycle

Jack Smith wanted to go to trial several months ago