One month after the Supreme Court's presidential immunity ruling, the judge overseeing former President Trump's Jan. 6 case now has jurisdiction over the case again.
My understanding is that if a prosecutor even wants to bring charges against someone who was president when the alleged offense(s) were committed, the prosecutor has to first demonstrate that the offending acts were not “official acts.”
Nobody really knows what that looks like, of course, but it definitely opens the door for Judge Chutkan to call for hearings on whether the acts alleged to be criminal were “official” or not. Which would probably look exactly like a trial - presentation of evidence, witnesses, cross examination, defense - just where the only judgment at the end would be “Nope, not official acts.”
Then that gets appealed, all the way to SCOTUS, then maybe an actual trial happens. Then they complain that there’s no way to get an impartial jury, because everyone already knows all the details of the case, that gets appealed …
My understanding is that if a prosecutor even wants to bring charges against someone who was president when the alleged offense(s) were committed, the prosecutor has to first demonstrate that the offending acts were not “official acts.”
Nobody really knows what that looks like, of course, but it definitely opens the door for Judge Chutkan to call for hearings on whether the acts alleged to be criminal were “official” or not. Which would probably look exactly like a trial - presentation of evidence, witnesses, cross examination, defense - just where the only judgment at the end would be “Nope, not official acts.”
Then that gets appealed, all the way to SCOTUS, then maybe an actual trial happens. Then they complain that there’s no way to get an impartial jury, because everyone already knows all the details of the case, that gets appealed …
Delay is the point, and SCOTUS is complicit.