Chutkan in charge: Judge ignites flurry of activity in Trump Jan. 6 case

District Court Judge Tanya Chutkan is now tasked with determining what conduct from Trump ’s effort to unwind the 2020 election is not immune from prosecution.

The Supreme Court ruled last month that as a former president he maintains broad immunity from criminal prosecution.

On Friday the case was handed back to the lower courts after a series of legal wins for the former president.

The public will get their first look at Smith 's thinking on the matter by August 9 , when she will lay out her vision for how they think the case should proceed.

A former prosecutor and general counsel to former Attorney General Janet Reno said there’s plenty of “legal necessity” for holding an evidentiary hearing that has little to do with calls to hold Trump accountable ahead of the election.

Shan Wu , a former federal prosecutor, said the hearing also strengthens any ruling from Chutkan , whose work will undoubtedly be reviewed by higher courts as Trump appeals her determination.

Timing, however, could factor in as a concern, as the Justice Department typically avoids bringing charges in the two months before the election and something they consider even if they seek a hearing.