Both Trump and Smith acknowledged that the former president cannot be tried while his appeal is pending. But Smith sought to keep some aspects of the case active, arguing that the judge could still conduct some pretrial business in the case.
Chutkan ruled that she could enforce her past rulings, including the silence order that limits Trump’s statements about prosecutors and witnesses, while the case is on hold. The judge said she would reconsider whether to move the trial date once the appeal is resolved.
Trump has pleaded not guilty to four counts accusing him of attempting to defraud the United States and obstruct Congress through plans to overturn his loss to President Joe Biden.
Trump’s appeal is seen as his best opportunity to achieve his goal of delaying the trial until after the November 2024 election, where he is the favorite to take on Democrat Joe Biden. His lawyers accused Smith of trying to rush the case to trial in order to damage Trump’s campaign.
Smith asked the U.S. Supreme Court to bypass a federal appeals court and immediately rule on the immunity request, an unusual move intended to blunt Trump’s attempts to block the case.
