Federal Judge Tanya Chutkan rejects Donald Trump’s request to dismiss electoral case
Former President Donald Trump’s request to dismiss the electoral case against him was rejected by Federal Judge Tanya Chutkan on Friday. Trump had argued that he enjoyed absolute immunity due to his status as president, as the accusation was based on actions he took while in office. The case accuses Trump of electoral interference in an attempt to steal the 2020 elections, which he lost against Joe Biden.
The dismissal of the petition came as no surprise, but Trump’s lawyers can now appeal to the appeals court and ultimately, the Supreme Court. This process may delay the trial’s start, potentially pushing the start date to after the November presidential election. Judge Chutkan’s 48-page ruling outlines her argument for rejecting Trump’s claim of absolute immunity, referencing the case of Richard Nixon and arguing that former presidents do not enjoy special conditions regarding their federal criminal responsibility.
Chutkan also dismantled Trump’s claims that the impeachment violated his freedom of speech, indicating that the First Amendment does not protect speech used as an instrument of a crime. The ruling comes on the same day that the federal appeals court in Washington has ruled in another case, allowing lawsuits accusing Trump of inciting the January 6, 2021, riot to move forward.
The appeals court rejected Trump’s arguments that presidential immunity exempts him from liability in lawsuits but left the door open for Trump to later claim and prove, as the cases progress, that his actions were taken in the exercise of his office as president. Trump’s lawsuit will move forward, and his legal battle to dismiss the charges against him continues.
For now, Judge Chutkan’s ruling has rejected Trump’s claim of absolute immunity as a former president, allowing the legal proceedings against him to move forward.