Nonilex
Nonilex  ·  12 hours ago
It represents a big legal victory for #Trump, who won the Nov 5 #US election & is set to return to office on Jan 20.

The #DOJ policy that the prosecutors cited dates back to the 1970s. It holds that a #criminal prosecution of a sitting president would violate the US #Constitution by undermining the ability of the country's *chief executive* to *function*. Courts will still have to approve both requests from prosecutors.

#law #democracy

Nonilex
Nonilex  ·  12 hours ago
The prosecutors in a filing in the #ElectionSubversion case said the #DOJ’s policy requires the case to be dismissed before #Trump returns to the White House.

"This outcome is not based on the merits or strength of the case against the defendant," prosecutors wrote in the filing.

#criminal #law #democracy#Jan6 #insurrection

Nonilex
Nonilex  ·  12 hours ago
Judge #Chutkan tosses #Trump 2020 #ElectionInterference case after prosecutors' request

A US judge on Monday dismissed the federal #criminal case accusing Trump of attempting to overturn his #2020election defeat after prosecutors moved to drop that prosecution & a second case against the president-elect, citing #DOJ policy against prosecuting a sitting president.

#democracy#Jan6 #insurrection #law #justice
https://www.reuters.com/world/us/us-prosecutor-smith-asks-judge-dismiss-2020-election-subversion-case-against-2024-11-25/

Nonilex
Nonilex  ·  12 hours ago
The order from #Chutkan puts an end to the federal effort to hold #Trump criminally responsible for his attempts to hold onto #power after losing the #2020election, culminating in the #Jan6, 2021 violent #insurrection at the #US Capitol by a mob of his supporters.

The move came after #SpecialCounsel#JackSmith …moved to dismiss the #ElectionInterference case & end his attempt to revive a separate case accusing Trump of illegally retaining #ClassifiedDocuments when he left office in 2021….

#law

Nonilex
Nonilex  ·  2 months ago
Judge #Chutkan, in her ruling, emphasized that #Trump’s political concerns over the timing of the #evidence release had no bearing on the court’s decision. She noted that the judicial process must proceed without regard to the #election calendar, stating, “what needs to happen before or shouldn’t happen before the election is not relevant here.”

Chutkan's order also denied Trump’s repeated requests to #delay the pretrial schedule, ensuring that the case will continue to move forward.

#law

Nonilex
Nonilex  ·  2 months ago
#Trump’s legal team had also objected to the length of the brief. Judge Chutkan dismissed this argument, noting the "challenging" & fact-bound nature of the issues that required such a comprehensive filing.

Trump’s defense raised concerns that the brief’s release could influence public opinion & impact his candidacy. Chutkan rejected these claims, asserting that they did not show any legal prejudice to Trump.

#law #criminal #conspiracy#Jan6#Insurrection#ElectionInterference#FakeElectors

Nonilex
Nonilex  ·  2 months ago
Judge Tanya #Chutkan will allow #SpecialCouncil#JackSmith to file a 180 page brief laying out all the evidence against Trump in support of the lawsuit against Trump for interfering in the 2020 election.

#law #criminal #conspiracy #obstruction#Jan6#Insurrection#StochasticTerrorism#ElectionInterference#FakeElectors#Extremism#DomesticTerrorism#MAGA#NationalSecurity#TrumpIsAThreatToNationalSecurity#TrumpIsAnInsurrectionist

Nonilex
Nonilex  ·  4 months ago
#SCOTUS on July 1 ruled 6-3 along ideological lines that #Trump & other presidents are absolutely #immune from #prosecution when carrying out their core constitutional powers, but can face #trial for private conduct or for official acts under narrow exceptions to be hammered out by lower courts. Judge #Chutkan now must decide which if any of Trump’s efforts to overturn the #2020election while president may be prosecutable.
#law #criminal#ElectionInterference #conspiracy#Jan6#Insurrection
Nonilex
Nonilex  ·  4 months ago
However, a trial will not be possible before his November #election matchup against MVP #Harris …because whatever the judge decides is expected to wind up back before #SCOTUS next year.

#Legal analysts noted that nearly 5 weeks after the #SupremeCourt issued its landmark decision in Trump v. United States, some of the urgency that once drove the #ElectionInterference case has dissipated.

#law #criminal#ElectionInterference #conspiracy#TrumpTrial#Jan6#Insurrection#NationalSecurity

Nonilex
Nonilex  ·  4 months ago
US prosecutors & lawyers for #Trump will return to federal court on Aug 16 to decide how his #2020election #obstruction case can proceed after #SCOTUS ruled last month that presidents have broad #immunity from prosecution.

US District Judge Tanya #Chutkan set the hearing in Washington after the #SupremeCourt returned the case to her control on Friday.

#law #legal #criminal #conspiracy#ElectionInterference#TrumpTrial#Extremism#DomesticTerrorism#MAGA#Insurrection#Jan6#NationalSecurity

Nonilex
Nonilex  ·  4 months ago
#SCOTUS on July 1 ruled 6-3 along ideological lines that #Trump & other presidents are absolutely #immune from #prosecution when carrying out their core constitutional powers, but can face #trial for private conduct or for official acts under narrow exceptions to be hammered out by lower courts. Judge #Chutkan now must decide which if any of Trump’s efforts to overturn the #2020election while president may be prosecutable.
#law #criminal#ElectionInterference #conspiracy#Jan6#Insurrection
Nonilex
Nonilex  ·  4 months ago
Nonilex
Nonilex  ·  4 months ago
US prosecutors & lawyers for #Trump will return to federal court on Aug 16 to decide how his #2020election #obstruction case can proceed after #SCOTUS ruled last month that presidents have broad #immunity from prosecution.

US District Judge Tanya #Chutkan set the hearing in Washington after the #SupremeCourt returned the case to her control on Friday.

#law #legal #criminal #conspiracy#ElectionInterference#TrumpTrial#Extremism#DomesticTerrorism#MAGA#Insurrection#Jan6#NationalSecurity