Judge Chutkan Puts Trump on Notice That Jack Smith’s January 6 Case Is Alive

In a boost to the special counsel, the D.C.-based jurist rejects the 45th president’s efforts to dismiss the charges as ‘selective and vindictive.’

Bill Pugliano/Getty Images
President Trump holds a rally on July 20, 2024 at Grand Rapids. Bill Pugliano/Getty Images

Judge Tanya Chutkan’s weekend rejection of President Trump’s request that his January 6 case be dismissed as “selective and vindictive” signals that Special Counsel Jack Smith’s prosecution may be down, but it’s not out — and could gain new life under a President Harris. 

The ruling came fast on the heels of the Supreme Court returning to the appeals circuit for the District of Columbia the case of Trump v. United States. The circuit then passed it back to Judge Chutkan. Her task now is to determine which presidential acts alleged by Mr. Smith are official, and therefore presumptively immune. Unofficial acts are fair game for government prosecution.

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