Thread by @KlasfeldReports

Good morning from Washington, D.C.

After a long hiatus, Trump’s election subversion case is slated for another status conference.

The scene outside the courthouse this morning.

I’ll cover the proceedings live at 10 a.m. ET.

"All rise."

U.S. District Judge Tanya Chutkan takes the bench.

Proceedings are about to begin.

For the gov't: Prosecutor Thomas Windom
For the defense: John Lauro

Judge Chutkan: "It's been almost a year. You look rested, Mr. Lauro."

Lauro cracks that life seemed "meaningless" without seeing the judge.

Chutkan: (laughter) "Enjoy it while it lasts!"

Judge Chutkan describes the SCOTUS immunity decision and describes her intentions for today's hearing.

"I don't intend to finalize the schedule at the hearing," she says.

She adds, however, that she hopes to do so today.

Chutkan reviews Trump's waiver of his presence at arraignment with Mr. Lauro.

Chutkan: "Mr. Trump is entering a plea of not guilty with respect to all four counts?"
Lauro: "That's right."

Chutkan describes what the prior schedule was before she put the proceedings on hold pending Trump's immunity appeal.

Chutkan: "As I see it, there are two main issues."

The first, she says, is how to resolve the remanded immunity issue.

Prosecutor Windom: "I don't think we're in a typical situation."

"We are in a place where the Supreme Court has created new law."

Windom argues for resolving the immunity issues first — and all at once: "We know that there is going to be an interlocutory appeal."

Prosecutors only "want to limit it to one," he says.

Windom proposes prosecutors filing a brief on the immunity issue within three weeks, late in the month.

Lauro calls the prosecution's proposal "enormously prejudicial" to Trump.

After Lauro claims that SCOTUS found Trump's conversations with Pence were official, Chutkan cuts him off: "No, I would have to disagree with you. They have sent it back to me to figure that out."

The defense argues that Chutkan should find Trump's conversations with Pence official as a matter of law, but Chutkan says that she risks "reversal" if she does so in light of the SCOTUS ruling.

Chutkan (wryly): "I mean, I'm risking reversal no matter what I do."

Chutkan notes that SCOTUS ordered her to resolve the remaining immunity issues "forthwith."

She presses Lauro on why the defense is asking her to review their other motions first.

Lauro warns about prosecutors being "able to put into the public record at a very sensitive time in our nation's history, which we can't ignore."

Chutkan let out a sigh and leaned back in her seat at that remark.

Chutkan addresses Lauro's remark: "I understand that there's an election impending."

The judge adds the election "is not relevant here," reiterating remarks she made at a hearing one year ago.

"This court is not concerned about the election schedule," she continues.

Lauro: "There's something unseemly about a rush to judgment."

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

After Lauro complain about the government's proposal to file a brief within three weeks, Chutkan replies: "Well, Mr. Lauro, three weeks is not certainly breakneck speed."

Lauro: "It's a quagmire. It's completely prejudicial because they decide what to unseal."

He says it shows "fundamental unfairness, never before seen in a district court."

Lauro argues that allegations concerning Pence is one of the "gateway issues" for dismissing the case.

Chutkan notes that the Supreme Court should have dismissed all allegations concerning Pence, if they wanted to.

"They didn't," she adds. "They sent it back to me."

Chutkan says she's heard enough on that topic, and she asks him about the govt's proposals to brief certain matters concurrently.

Lauro complains about "technical issues," a remark that seems to frustrate the judge.

Before, the defense had delays getting clearance, she notes.

Lauro: "We're talking about the Presidency of the United States.
Chutkan: "I'm not talking about the Presidency of the United States. I'm talking about a four-count criminal indictment."

The government's back up:

Windom notes that the Supreme Court's opinion was al about making factual determination.

Judge Chutkan asks how much of that information the government expects to be under seal.

Windom defers to the court to decide what should remain under seal pursuant to the protective order.

As Lauro gets back up, Chutkan chides: "I don't need any rhetoric about how serious and grave this is."

Lauro responds: "It's not rhetoric. It's called legal argument."

Trump's lawyer Lauro:

"We have an illegitimate prosecutor. We have an illegitimate indictment."

Judge Chutkan splashes cold water on Lauro's attempt to raise a challenge on Jack Smith's legitimacy.

"There's binding D.C. [Circuit] precedent on this issue," Chutkan says, adding she "does not find" Judge Cannon's opinion "particularly persuasive."

Context:

The D.C. Circuit upheld the legitimacy of special counsel appointments, and its jurisdiction binds Chutkan.

Cannon's, in a district court from another circuit, does not.

Chutkan asks Lauro if his position is whether the indictment falls if the evidence concerning Pence is out, and Lauro responds in the affirmative.

After Lauro raises concerns about the disclosure of exculpatory material, Chutkan responds: "Brady's an ongoing obligation. I take it very seriously, and the government knows that."

Windom, later: "We have met our discovery obligations. [...] We do not anticipate any additional disclosures."

Chutkan: "I will take all of these into considering as I [draft] the scheduling order."

Judge Chutkan: "That's all I have. I thank everyone for their preparation today."

She promises to issue the scheduling order "as soon as possible."

Hearing concludes.