The federal trial judge overseeing former President Donald Trump’s election fraud case in Washington set a hearing for Sept. 5 after special counsel Jack Smith requested more time to review the Supreme Court’s immunity ruling.
In a docket entry on Friday, Judge Tanya S. Chutkan, an Obama appointee, said the two parties must file status reports on where the prosecution stands by Aug. 30 instead of the original Aug. 9 deadline. She also scheduled a hearing on the status of the case for Sept. 5 instead of Aug. 16.
On Thursday, Mr. Smith told the judge that the government was still reviewing the Supreme Court’s ruling last month on presidential immunity after Mr. Trump had argued presidents have absolute immunity and can’t face charges.
On July 1, the justices split ideologically 6-3, ruling that presidents enjoy absolute immunity from criminal prosecution for actions taken under their core presidential functions, presumed immunity for all official acts, and no immunity for nonofficial acts.
The Supreme Court’s decision was seen as a win for Mr. Trump, the Republican nominee, in that it delayed proceedings until likely after the Nov. 5 election. It has left Trump critics frustrated.
The opinion will likely delay not only his election fraud case, but also other legal battles up and down the East Coast against the former president as lower courts are left to grapple with what charges are subject to immunity.
Judge Chutkan had paused the election fraud litigation against Mr. Trump as he appealed to higher courts on whether presidents are immune from criminal prosecution.
It’s been on hold for roughly seven months.
Mr. Trump is also expected to be sentenced in September for his conviction in the Manhattan hush money trial over his payments to porn actress Stormy Daniels.
New York Supreme Justice Juan Merchan has set the sentencing date for Sept. 18.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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