Trump's 2020 election interference case resumes after immunity ruling | Donald Trump

Criminal proceedings against Donald Trump over his efforts to overturn the 2020 election were set to resume Friday with narrower charges, after a U.S. Supreme Court ruling granting former presidents broad immunity took effect and the case returned to the control of the presiding judge.

The formal transfer of jurisdiction to U.S. District Judge Tanya Chutkan means she can issue a scheduling order on how she intends to proceed, including whether she will hold public hearings to determine how to implement the immunity order.

The U.S. Supreme Court ruled on Trump’s immunity request last month. But the case only came back under Chutkan’s control now because of the 25-day waiting period for any request for reconsideration and an additional week for the ruling to be formally issued.

How Chutkan proceeds could have far-reaching implications for the scope of the case and the November presidential election.

Trump is accused of overseeing a massive operation to subvert the results of the 2020 presidential election, including two counts of conspiracy to interfere with the certification of election results, conspiracy to defraud the government and conspiracy to disenfranchise voters.

The alleged illegal behavior includes Trump pressuring Justice Department officials to open false investigations, obstructing Congress in its efforts to certify the election, including by trying to co-opt his vice president, helping to trigger the attack on the Capitol, and Trump’s plot to recruit fake voters.

But the Supreme Court has ruled that the criminal liability of presidents falls into three categories: core presidential functions, which enjoy absolute immunity; official acts of the presidency, which enjoy presumptive immunity; and unofficial acts, which enjoy no immunity.

The Supreme Court in Washington. Photograph: Samuel Corum/Getty Images

Trump’s lawyers are expected to argue that Chutkan can decide whether the conduct is immune based on legal arguments alone, negating the need for witnesses or multiple evidentiary hearings, the Guardian first reported, citing people familiar with the matter.

Trump's lawyers are expected to take the maximalist position that all of the alleged conduct against Trump was Trump's acting in his official capacity as president and therefore presumptively immune and the burden is on prosecutors to prove otherwise, the sources said.

Trump's lawyers are expected to suggest that even if the Supreme Court appears to be considering evidentiary hearings to review the conduct it refers to, any dispute can be resolved solely on the basis of legal arguments, the people said.

In doing so, Trump will seek to exclude witness testimony that could be politically damaging, because it would suppress evidence about his efforts to subvert the 2020 election that polled poorly, and legally damaging because it could lead Chutkan to rule against Trump.

Trump's lawyers have privately suggested that they expect at least some evidentiary hearings to take place, but they also intend to challenge testimony from people including Mike Pence, the former vice president, and other senior White House officials.

For example, if prosecutors try to call Pence or his chief of staff, Marc Short, to testify about meetings in which Trump discussed stopping the January 6 certification, Trump would try to block that testimony by invoking executive privilege and asserting Pence's protection under the speech or debate clause.

Trump has already managed to significantly delay his criminal cases, including convincing the Supreme Court to consider the immunity appeal in the 2020 election subversion case, which was frozen while the court considered the case.

The delaying tactic so far has aimed to push the cases off until after the November election, in the hope that Trump will win reelection and then appoint a loyalist as attorney general who will drop the charges.

But now, even if Trump loses, his lawyers have embraced a legal strategy that could take months to resolve, depending on how prosecutors choose to approach evidentiary hearings, which will add to months of additional appeals planned over what Chutkan determines to be official acts.

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