Judge Chutkan sets Trump's trial for March 4, 2024

Administrative Office of the U.S. Courts via AP, File

Today in federal court, the lawyers for former President Trump and those that represent the government argued about a date for Trump’s trial. U.S. District Judge Tanya S. Chutkan heard the often heated arguments and promptly rejected the dates requested by both sides. There will be no special accommodations for Trump, he will be treated like everyone else. So said Judge Chutkan.

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The date of March 4, 2024 was selected by Chutkan. That is the day before Super Tuesday in the primary calendar. No, no, this isn’t a political persecution, why do you ask? Good Lord. Democrats are desperate to keep Trump out of the way and off the campaign trail. At a time when he would normally be doing several big rallies a day, if history was to repeat itself from his 2016 primary campaign, he will be cooling his heels in a federal courtroom in Washington, D.C.

Let me repeat what I have said in past posts – you can believe that the January 6 protest that turned into a riot was wrong and you can believe that the Democrats are displaying a two-tiered system of justice. Trump is being prosecuted for election interference. Ironically, that is what the judge is doing, too. Judge Chutkan is a Jamaican-born American who was nominated by former President Barack Obama. Her nomination was confirmed by a 95–0 vote, which never happens anymore. It’s interesting now to hear the criticism of partisanship about her, given her unanimous vote in the Senate.

Judge Chutkan has a reputation for tough sentencing records in the January 6 trials.

Chutkan is known for imposing some tough punishments in those cases. According to an analysis from NPR’s investigative team, as of July 2023, Chutkan had given prison sentences to all of the 38 Jan. 6 defendants to come before her, even though prosecutors had only recommended 34 of them for prison. That stands in contrast to the other judges in Jan. 6 cases who have tended to be more lenient at sentencing.

Chutkan has handed down tougher prison sentences than the government asked for in nearly 25% of her Jan. 6 cases. That is a notably higher rate than nearly all other judges handling these cases.

“She was definitely on the high end of the range of those people,” said Bob Driscoll, a defense attorney at the McGlinchey Stafford firm in Washington. “She was, in fact, still might be the only — if she’s not the only she’s one of the only — judges that has several times gone above the recommendation made by the government.”

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If Trump is found guilty in her courtroom, would she relish sending the former president to prison? I think she would relish that. Can Trump get a fair trial in Washington, D.C., solid Democrat territory?

Prosecutors working under Jack Smith, the special counsel, wanted a January 2, 2024 start date. They cited the “public’s strong interest in a speedy trial.” The public’s? Or is it just Washington, D.C. Democrats who are salivating for a Trump trial, the sooner the better? Trump’s lawyers asked for the date of April 2026. The judge said no to both but certainly went closer to the prosecutors’ request than the Trump request.

In July, Trump was indicted on four criminal counts for his alleged efforts to overturn the 2020 election. He could face three civil and four criminal trials before Election Day. Democrats want to keep Trump in a courtroom, rather than out on the campaign trail.

He’s not any other defendant, though. He’s a former president who is running to be president again. We are in uncharted water here.

Judge Chutkan had to check with another court before deciding the trail date. March 4 is just 20 days before Trump is to be tried in New York on the tax and fraud charges in the Stormy Daniels trial. Governor Kemp in Georgia didn’t allow Fani Willis to set March 4 as the trial date there. Why would a federal judge in D.C. turn around and use the date herself, if it wasn’t all about politics?

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Announcing her decision after a heated courtroom argument, the judge told lawyers she had consulted with the New York state Supreme Court justice Juan Marchan about Trump’s pending March 25 case in that jurisdiction, where he faces tax and fraud charges related to hush payments to former porn star Stormy Daniels.

She did not reference details of the political calendar – although Super Tuesday when a raft of states hold primary elections is set for March 5.

Both sides have predicted the trial itself could take four to six weeks, a period that could come before the end of the primary process.

She cites the fact that Trump has known about the government’s investigation for over a year. She said he has the resources and legal team to manage going to trial in March as she refused to allow a 2026 date. Team Trump wants more than the short time between now and the March 4 trial date. The judge insists on a speedy trial. Trump’s lawyer calls it not a speedy trial but a show trial. Unfortunately, he is probably right.

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Ed Morrissey 10:00 PM | November 20, 2024
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