Trump trial hearings on the docket soon

We vehemently disagree with the majority decision to extend any immunity to aspects of Trump’s 2020 election interference. But the court’s opinion also makes clear that this ruling is not a death knell for Smith’s case.

  CNN

Yet.

[T]he opinion calls on District Court Judge Tanya Chutkan to initiate the next best thing: an evidentiary hearing — a kind of mini-trial — that will thoroughly ventilate the facts in this case. She should do so quickly.

And I expect she will.

The trial, which was originally scheduled to begin on March 4, has instead been stayed since December 2023. That is when Trump appealed an order refusing to dismiss the case on immunity grounds — and the Supreme Court first declined to review the case, beginning its unconscionable slow-roll that finally ended almost seven months later with this new decision.

[...]

In Nixon v. Fitzgerald, the Supreme Court held that a president enjoyed civil immunity for all “official acts.” Now, in Trump v. United States, the court grappled with which “official” acts should also receive criminal immunity.

Which on its face is insane. Criminal immunity. WTF? Why have laws at all?

Given that ruling, the next logical question is: Which of the alleged actions taken by Trump, charged in the indictment, are protected official acts and which aren’t?

First, the court has ruled that all of the allegations concerning Trump’s interactions with the Justice Department — and his attempt to get them to interfere in the election — were official. Therefore, all of that conduct is protected by immunity and cannot be presented at trial.

But the court also held that there are two allegations for which Trump has presumptive immunity, yet this presumption can be overcome: the allegations surrounding his interactions with former Vice President Mike Pence, and his public communications. However, the court did not specify what it would take for that presumption to be overcome. Again, that is for resolution by Chutkan in the mini-trial.

Hearing.

Finally, the court stated that there is one category of alleged conduct that requires a “fact-specific analysis of the indictment’s extensive and interrelated allegations”: all of Trump’s interactions with “persons outside the Executive Branch,” including state officials and private parties. More grist for Chutkan’s courtroom.

[...]

The Supreme Court has explicitly directed Chutkan to determine whether Trump’s interactions with state officials and private parties were official — and left open the door for her to hold hearings over allegations that involved Pence, too. Chutkan can give both parties the opportunity to develop facts supporting their competing positions and then make her ruling on immunity, ensuring that Trump continues to receive due process throughout.

And I presume that will be appealable. So, justice delayed, folks.

Beyond the procedural considerations, the mini-trial would also serve a vital function for the public — allowing voters to learn more details about Trump’s alleged election interference.

And just who will be paying attention?

...but hey, do what you want...you will anyway.