Judge Chutkan's 'Compelling' Argument to Supreme Court About Trump—Attorney

judge chutkan's 'compelling' argument to supreme court about trump—attorney

Above, a shot of Donald Trump arriving for court in Washington, D.C. Judge Tanya Chutkan has seemingly made an argument directed at an eventual Supreme Court appeal in a recent ruling against Trump.

U.S. District Court Judge Tanya Chutkan has seemingly pitched a reason ruling against Donald Trump directly to the Supreme Court, according to former U.S. Attorney Joyce Vance on Friday.

The former president is currently embroiled in four criminal cases across the country, the most prominent of which is a federal election interference case brought by the Department of Justice (DOJ) and special counsel Jack Smith pertaining to his efforts to overturn the 2020 presidential election that led to the January 6, 2021, Capitol riot. The trial is set to get underway in March 2024, presided over by Chutkan, with Trump having previously pleaded not guilty to the charges, including conspiracy to defraud the U.S. government and conspiracy to obstruct an official proceeding. Trump has also pleaded not guilty to all charges in the other three criminal cases.

On Friday, Chutkan issued a ruling in the case, finding that Trump is not immune from prosecution stemming from his election interference attempts just because he was president at the time, as his legal team had argued.

“Former Presidents enjoy no special conditions on their federal criminal liability,” Chutkan wrote. “Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”

In making the decision, Chutkan also seemed to have been preemptively making the argument for it to the Supreme Court, as was suggested by Vance, a former U.S. Attorney for the Northern District of Alabama, during a Friday appearance on MSNBC.

“She is making a compelling argument to the Supreme Court, saying we value the separation of powers, but we also value the ability of each branch to perform its functions,” Vance told host Ali Velshi. “And so she is telling the Supreme Court, ‘If you reverse my decision, you will impair essential functions of government.’ [Chutkan] has been reading the Supreme Court’s opinions for the last term in particular, when they’ve been focused on the Founding Father’s intent on history and tradition. She says ‘Here’s American history and tradition for you Supreme Court.'”

If an appeal is sought against Chutkan’s decision, it is likely to end up being argued before the Supreme Court. The Court, as is widely suspected by many observers, is seen by Trump and his legal team as a major potential avenue for avoiding prosecution, as it is currently made up of a conservative majority, 6-3, with three of the justices having been appointed by Trump himself.

Newsweek reached out to legal experts via email for comment.

Trump’s office has previously decried the decision from Chutkan in a statement provided to Newsweek.

“Radical Democrats, under the direction of Crooked Joe Biden, continue to try and destroy bedrock constitutional principles and set dangerous precedents that would cripple future presidential administrations and our country as a whole, in their desperate effort to interfere in the 2024 Presidential Election,” Trump spokesman Steven Cheung wrote.

Related Articles

    Start your unlimited Newsweek trial

    News Related


    Lawsuit seeks $16 million against Maryland county over death of pet dog shot by police

    A department investigator accused two of the officers of “conduct unbecoming an officer” for entering the apartment without a warrant, but the third officer was cleared of wrongdoing, the suit says. Read more »

    Heidi Klum shares rare photo of all 4 of her and Seal's kids

    Heidi Klum posted a rare picture with husband Tom Kaulitz and her four kids: Leni, 19, Henry, 18, Johan, 17, and Lou, 14, having some quality family time. Read more »

    European stocks head for flat open as markets struggle to find momentum

    This is CNBC’s live blog covering European markets. European markets are heading for a flat open Tuesday, continuing lackluster sentiment seen at the start of the week in the region ... Read more »

    Linda C. Black Horoscopes: November 28

    Nancy Black Today’s Birthday (11/28/23). This year energizes your work and health. Faithful domestic routines provide central support. Shift directions to balance your work and health, before adapting around team ... Read more »

    Michigan Democrats poised to test ambitious environmental goals in the industrial Midwest

    FILE – One of more than 4,000 solar panels constructed by DTE Energy lines a 9.37-acre swath of land in Ann Arbor Township, Mich., Sept. 15, 2015. Michigan will join ... Read more »

    Gaza Is Falling Into ‘Absolute Chaos,’ Aid Groups Say

    A shaky cease-fire between Israel and Hamas has allowed a surge of aid to reach Palestinians in Gaza, but humanitarian groups and civilians in the enclave say the convoys aren’t ... Read more »

    Bereaved Israeli and Palestinian families to march together in anti-hate vigil

    Demonstrators march against the rise of antisemitism in the UK on Sunday – SUSANNAH IRELAND/REUTERS Bereaved Israeli and Palestinian families will march together as part of an anti-hate vigil on ... Read more »
    Top List in the World