Main Justice The Ball is Back in Chutkan’s Court
Aug 6, 2024
Legal analysts Andrew Weissmann, known for his high-profile case expertise, and Mary McCord, a national security veteran, dissect Judge Chutkan's swift actions on Trump's election interference case. They discuss the implications of the Supreme Court's immunity ruling on Trump and Jeffrey Clark's defense attempts. The conversation touches on Jenna Ellis' cooperation in the Arizona elector case and listener questions, blending legal insights with contemporary political intrigue.
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Chutkan Acts Fast
- Judge Tanya Chutkan moved quickly after the Supreme Court remanded the January 6 case back to her courtroom and set immediate scheduling and briefing deadlines.
- She denied Trump's selective and vindictive prosecution motion in a 16-page order and set hearings for August 9 and 16.
Statutory Challenges Deferred
- Chutkan denied multiple pre-appeal motions and left statutory challenges open to renewal after immunity issues resolve.
- She emphasized deciding statutory questions only after hearings to avoid abstract rulings.
High Bar For Selective Claims
- Selective prosecution requires showing similarly situated persons weren't prosecuted and a discriminatory purpose, a very high bar.
- Vindictive prosecution claims require proof the government retaliated for asserting legal rights, which courts scrutinize strictly.