Posted on 09/06/2023 11:50:53 AM PDT by Red Badger
Federal District Judge Tanya Chutkan, who oversees the election interference case against former President Donald Trump in Washington, D.C., revoked an earlier motion she approved after lawyers representing President Trump said court rules were not followed.
On Sept. 5, prosecutors on special counsel Jack Smith’s team had asked the judge to allow documents to be filed under seal— hidden from the public—but allow redacted versions of the documents on the public docket. That is routine in cases that may involve classified or otherwise sensitive information.
Judge Chutkan promptly approved the motion.
Shortly after, President Trump’s lawyer opposed and asked the judge to reverse the approval because they weren’t given a chance to respond to the initial motion (pdf).
It pointed out that the rules for D.C. federal criminal courts give the opposing party two weeks to respond to motions unless the judge decides to provide different deadlines. The judge, however, can’t deny the other party a chance to respond altogether.
Tanya Chutkan U.S. District Judge Tanya Chutkan in a file photo. (Administrative Office of the U.S. Courts via AP) Prosecutors can also obtain consent from the defendant before filing a motion, which would then be deemed “unopposed.”
“This procedure is further required by the Due Process clause [of the Constitution] and fundamental fairness,” the lawyers argued.
“Thus, as a matter of course, the Court should allow Defendant sufficient time to respond to every motion filed in this matter.”
Later that day, the prosecutors responded, saying the judge acted appropriately because they reached out to the defense lawyers to get their position on the motion and because the motion was done in accordance with a protective order the judge issued previously which guides the handling of sensitive information in the case (pdf).
They opined that if the defense is always given two weeks to respond and the prosecutors another week to respond to the response, as the local rules suggest, it “would grind litigation in this case to a halt.”
Yet, on the same day, the judge indeed vacated her order, giving President Trump until Sept. 11 to respond and the prosecutors two more days to respond to the response.
“Going forward, all motions … must (1) indicate whether the movant has conferred with opposing counsel, and (2) state the nonmovant’s position on the motion, if known,” she added.
“As it has done here, the court may require briefing on motions for leave to file under seal on a timeline shorter than the default periods provided for in the Local Criminal Rules.”
The whole back-and-forth highlights how contentious the issue of time has become in the case.
President Trump may have an interest in delaying the case beyond the 2024 election where he’s the GOP frontrunner. His opponents, on the other hand, may want to see him on trial in the middle of his campaign.
The case was brought by Mr. Smith on Aug. 1, alleging that President Trump didn’t genuinely believe that the 2020 election was stolen from him and that his attempts to challenge the results constituted several crimes, including a conspiracy to obstruct the collection and counting of electoral votes, as well as a conspiracy against Americans’ right to vote.
Mr. Smith asked for the trial to begin with jury selection on Dec. 11, repeatedly arguing that the case needs to be handled promptly because President Trump’s public comments may prejudice the jury.
President Trump’s lawyers have argued that they need years to prepare for the trial in order to review the nearly 13 million documents and files handed to them by the prosecutors as part of the discovery process.
The judge set the trial for March 4, one day before the “Super Tuesday” slew of primaries in 16 states.
Yep she’s not biased at all. She just rules for the prosecutor without any chance for the defense to repond.
We are the former soviet union.
She’s a hack fascist judge, CJ traitor Roberts not withstanding.
“
“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Mr. Roberts said .”
Federal District Judge Tanya Chutkan is a totalitarian authoritarian fascist. Perfect choice for the anti-American DoJ to have handle this case.
Little victories are victories, still.
Smith being Smith. Dirty tricks like this have been his stock in trade for years: https://www.washingtontimes.com/news/2023/jul/4/jack-smiths-record-rife-mistrials-overturned-convi/
A little gamesmanship on the part of the judge. She got caught trying to brush off the defense.
The exchange does not show how contentious the issue of time is, it shows how dishonest the prosecution is because they either lied about contacting Trump’s legal team or misrepresented a casual discussion as a formal request to the judge.
She and the J6 judges are in the running for this year's Roland Freisler prize in judicial showmanship.
Smith will just indicate "no opposition" on every motion filed.
That would be unethical, illegal and contemptuous...........
She’s a friggin’ Jamaican Chiquita Banana. She can’t help herself.
In all my years, I have never seen such an obvious case of controlled hatred and determined ruination against one honorable American, as I see today.
The whole government and media are controlled by the same snake in the garden.
There is no other answer as to how they went into a desperate rage.. Or how they think it is okay to go global.. And okay to let the invasion of our country go on unabated.. And pay them with tax money.. It’s unreal!!!!
I remember WWII. I remember my country being the greatest.. We fed nations, we led with help and freedom for all. Today the snake lives in the White house. It has for some time.. That snake wants God out.. Wants all semblance of good, out. Christians, out.
The snake managed to lie his way into my country and take over the government. The snake wants Trump out.. And if they succeed, you are next.
Dummies who are aiming to vote biden and rake Trump.. You are snared and think you are so great because you “see”. You don’t see.. You are blind and you are suckered.
We need to pray, folks.. God is mightier than the snake.
Heaven forbid the defense be allowed to actually offer one.
-PJ
Rolan Freisler has nothing on this deep state, prejudiced judge.
So this woman is killing any chance of an appointment to a higher court. Her actions will haunt her…..as long as we can keep Miss Linda from betraying us.
Wonder what kind of dirt Tanya Chutkan is hiding she’s to angry maybe getting busted?.
So the prosecutors want to break the law so they can get Trump found guilty before the election.
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