Trump DC Criminal Case Paused by Judge Amid Appeal

A federal judge on Wednesday ordered a temporary halt to any further proceedings that would move the Washington, D.C. election-subversion case against former President Donald Trump toward trial.

U.S. District Judge Tanya Chutkan said she does not have jurisdiction over the case while the D.C. Circuit Court of Appeals considers Trump's appeal of his denied motion seeking to dismiss the charges against him on grounds including a claim of 'presidential immunity' from criminal charges.

"Consequently, the court agrees with both parties that Defendant’s appeal automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant," Chutkan wrote in a three-page order.

Trump's appeal centers on Chutkan's 48-page order on Dec. 1 month denying Trump's motion to dismiss the charges on the grounds that he couldn't be charged for actions he took within the "outer perimeter" of his official duties as president. The Constitution’s text, structure, and history, Chutkan wrote in her order, "do not support that contention."

In the same Dec. 1 order, Chutkan denied the former president's argument that the prosecution violates the Fifth Amendment's "double jeopardy" clause because Trump was acquitted in his second impeachment trial.

The pause in trial court proceedings marks a procedural victory for Trump's legal team, which last week filed both an appeal with the D.C. Circuit Court of Appeals seeking reconsideration of the motion to dismiss charges and a motion to "stay," or pause, the proceedings in the case "pending the final resolution of his recently filed appeal."

The pause of proceedings in the D.C. case could have major legal and political implications for Trump as he mounts his bid to return to the White House.

Trump is charged with four federal felonies in the case alleging he obstructed the 2020 presidential election and has pleaded not guilty to all charges. His trial in Washington, D.C. is scheduled to begin on March 4, the day before Super Tuesday when 14 states vote including California, Colorado, North Carolina, Texas and Virginia.

The former president holds a commanding lead in polling for the 2024 GOP presidential nomination. His legal team has argued that the election-year trial of a leading presidential candidate raises serious issues that can be solved by moving the trial date until after the election.

Chutkan signaled in Wednesday's order that the March 2024 trial date may need to be reconsidered.

The paused deadlines and proceedings are "held in abeyance" rather than permanently vacated, Chutkan wrote.

If jurisdiction over the case returns to her court, Chutkans said, she will consider at that time whether to adjust the dates "of any still-future deadlines and proceedings, including the trial scheduled for March 4, 2024."

While she no longer has jurisdiction over the case, Chutkan wrote, she still has the ability to enforce measures that are already in place "to safeguard the integrity of these proceedings," including Trump's conditions of pre-trial release and the fiercely-contested partial gag order she issued in October on speech targeting certain parties to the case.

Special Counsel Jack Smith's office has taken steps in recent days aimed at expediting the appellate review of Trump's claims.

On Monday, Smith's office filed both a motion seeking an expedited review by D.C. Circuit Court of Appeals of Trump's appeal, and a petition for writ of certiorari with the U.S. Supreme Court asking the high court to hear the appeal before the D.C. Circuit makes a decision.

On Tuesday, both Smith and Trump's legal team filed opposing briefs on the expedited schedule proposal with the D.C. Circuit.

The U.S. Supreme Court has agreed to an expedited review of whether to take up the case and rule on Trump's appeal, but has not yet decided whether to do so. The high court ordered Trump's legal team to file arguments by Dec. 20, after which it is expected to decide whether to grant Smith's petition.