Trump's election prosecution paused

US District Judge Tanya Chutkan in Washington paused hearings and upcoming deadlines in the case on Wednesday while Trump appeals her earlier ruling denying him immunity from prosecution over events that took place while he was president.

Chutkan said her order was just a hold on the schedule and that she wasn’t throwing out all the dates. Depending on how quickly the immunity issue is resolved by the higher courts, she wrote, she would consider whether to revive some of the deadlines and dates she has set, including the March 4 trial.

The judge also wrote that she would continue to enforce orders she previously entered “to safeguard the integrity” of the case, including a partial gag order limiting Trump’s public remarks about witnesses and prosecutors, his conditions of pretrial release and protections for evidence in the case.

Prosecutors Push Back

Prosecutors agreed that the immunity appeal would put much of the case on hold, but opposed halting it entirely. They argued that in addition to enforcing some of the orders she has already handed down, Chutkan could continue to rule on certain issues that the two sides have already briefed. The judge didn’t address that issue in Wednesday’s order.

The government said it would continue to meet its deadlines so that a trial could take place as soon as possible if Trump couldn’t convince the higher courts to side with him on immunity.

Chutkan’s order comes as Special Counsel Jack Smith’s office is arguing to fast-track the immunity fight. Prosecutors have asked the US Court of Appeals for the DC Circuit to put Trump’s appeal on an expedited schedule, and at the same time have petitioned the US Supreme Court to immediately hear the issue and skip the circuit court altogether.

On Wednesday, Trump’s defense team and Smith’s office filed dueling legal briefs about what the DC Circuit should do. Trump’s lawyers protested the “rushed” schedule proposed by the government, arguing it would undermine Trump’s right to a full airing of the immunity issue and undermine public confidence in the courts. They also complained that Smith was trying to ruin holiday plans, comparing him to Dr. Seuss’s Grinch character.

‘Important Legal Issues’

Prosecutors countered that the public had a strong interest in a swift resolution of the immunity question and that the lawyers and the courts were capable of handling weighty constitutional issues on a tight schedule. As for Christmas, they wrote, fast and final answers on “these important legal issues take precedence over personal scheduling issues.”

At the Supreme Court, Trump is due to respond by Dec. 20 to prosecutors’ request that the court hear the immunity fight right away.

The case is United States v. Trump, 23-cr-257, US District Court, District of Columbia (Washington).