Kirschner on Smith’s Motion Against Trump in the Election Interference Case: The Judge Can’t Act Because There Is an Appeal

RUSH EXCERPT:
KIRSCHNER: "Steven, there is no progress on the motion. That is because at the moment, judge tanya chutkan, the presiding trial court judge in Donald Trump’s D.C. khan — she can’t act in the case because there is an appeal on what we call an interlocutory issue, whether Donald Trump is actually I from prosecution. That is now sitting with the D.C. federal Circuit Court of Appeals. As long as it sits there there will be no progress on trial court matters for Jack Smith, as we have seen. They continue to file motions to put the defense on notice of what is coming, and in the event that the case is returned or remanded to judge chutkan, she will begin taking up these issues. The motion he filed that you just referred to, it is a motion in a fancy way to say that one party is trying to limit what the other party can’t present by way of evidence or argue to the jury. I will say, these motions are pretty routine in criminal litigation. Jack Smith is trying to say listen, these are the dos and don’ts, and we would like judge chutkan to reaffirm for the defense what some of those don’ts are so that they don’t try to throw improperly prejudicial stuff into the jury box."