The Daily Fuckup

Donald Trump did not get the pretrial exit he was chasing on Dec. 1, 2023. U.S. District Judge Tanya Chutkan rejected his bid to throw out the federal election-subversion indictment on the ground that a former president cannot be criminally prosecuted for conduct tied to official duties. The ruling kept the case on track unless it is later stayed or reversed on appeal.

The defense theory was broad. Trump’s lawyers argued that presidential immunity and other constitutional protections should block the prosecution from going forward at all. Chutkan declined to accept that view, leaving the government’s case intact and the indictment in place. That did not decide guilt or innocence, but it did remove one of Trump’s strongest early efforts to end the case at the threshold.

The practical effect was immediate: the case could continue in the district court unless an appellate court intervened. Trump’s team could seek review, and an appeal would add more delay. But the ruling itself was not an appeal and did not erase the loss Trump suffered in Chutkan’s courtroom.

The decision also undercut Trump’s broader argument that his former office placed him beyond the reach of the criminal courts for conduct tied to the 2020 election fight. Chutkan’s order left prosecutors free to keep pressing the allegations that Trump tried to interfere with the transfer of power after losing the election. The fight over how far presidential immunity reaches was still alive. This ruling just sent Trump into the next round from the losing corner.