Judge Chutkan and Jack Smith Try to Revive Anti-Trump Lawfare

Despite the best efforts of the judge and the prosecutor, there is no practical possibility of a Trump election-interference trial prior to Election Day.

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Special Counsel Jack Smith makes a statement to reporters at his offices in Washington, D.C., June 9, 2023.

Leah Millis/Reuters

For seven months, Judge Tanya Chutkan has lacked jurisdiction to act on the Biden–Harris administration’s 2020 election-interference prosecution of former president Donald Trump. But she has clearly kept working hard on the matter, which she originally, if unrealistically, hoped to get to trial back in March. She intended to hit the ground running once the Supreme Court transferred the case back to her — and so she has.

Jurisdiction was returned to Judge Chutkan on Friday, August 2, with the issuance of the formal mandate from the Court’s July 1 immunity ruling in Trump v. United States. Wasting no time, the judge issued two decisions the following day, a Saturday.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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