SCOTUS will issue judgment in Trump’s DC 1/6 case in the next day or so, sending it back to the DC Cir after the immunity decision When the Cir in turn sends it to Chutkan she shld quickly schedule a mini trial to apply SCOTUS’ test b4 Nov A thread...

SCOTUS established a 3-part immunity test Chutkan will now have to apply as I wrote @CNN “(1) absolute immunity when the president is exercising ‘his core constitutional powers...’" 2/x

@CNN “...(2) ‘presumptive immunity from prosecution for his official acts’ that are not core to presidential duties (such as exercising powers given to him by Congress) and (3) ‘no immunity for his unofficial acts.’” 3/x

@CNN SCOTUS’ delay was unconscionable–it took the Court 7 mths to decide the case after denying Jack Smith’s initial cert request in Dec If they had ruled in a timely manner, the case could’ve had a chance of going to trial pre-election as it should’ve 4/x

@CNN But there is still hope for voters to get some info they deserve when the case goes back to Chutkan’s capable hands On Friday, SCOTUS will formally send the case back down per Rule 45... 5/x

@CNN ... “the mandate issues 32 days after entry of the judgment, unless the Court or a Justice shortens or extends the time, or unless the parties stipulate that it issue sooner.” 6/x

@CNN It will go first to the DC Cir and unless they schedule briefing (which is unlikely), they will pretty quickly send it back to Chutkan When Chutkan receives the case, she should issue an immediate scheduling order 7/x

@CNN Even tho there r other pre-trial motions pending re discovery & such, Chutkan shld address pres. immunity FIRST per SCOTUS’ own ruling that... 8/x

@CNN “questions about whether the President may be held liable for particular actions, consistent with the separation of powers, must be addressed at the outset of a proceeding.” 9/x

@CNN Regardless of whether Chutkan deals w discovery or immunity first, when she gets to immunity she has 2 options to apply SCOTUS’ test: A lengthy discovery schedule or an evidentiary hearing (mini trial) 10/x

@CNN A mini trial is by far the best option here It would allow Chutkan to receive witness testimony & other evidence from both parties to quickly determine the nature & scope of Trump’s immunity 11/x

@CNN The Govt could call VP Pence or AG Barr, for ex., to provide testimony about Trump’s acts The defense could likewise call witnesses, including Trump Doing so would enable the court to determine whether Trump acted w/in the outer perimeter of his presidential duties 12/x

@CNN The Govt cld introduce documentary & other evidence 2 support that Trump engaged in unofficial conduct; the defense cld introduce evidence 2 the contrary Both sides cld then use the record 2 argue whether Trump is/is not immune frm the allegations 13/x

@CNN A mini trial like this isn't unprecedented–it happened in the prosecutions of Meadows & Clark in GA When they sought to remove their cases to fed court, the judge held evidentiary hearings to decide if they acted in scope of their official duties 14/x

@CNN In Meadows’ case, both sides presented key evidence & Meadows himself testified After he lost & appealed the case, the extremely conservative 11th Circuit affirmed “the district court was entitled to evaluate the demeanor and presentation of witnesses...” 15/x

@CNN “...assess the credibility of testimony including Meadows’s, and weigh the competing evidence.” Given the similar allegations & facts btwn Trump’s DC case & Meadows’s GA case, Chutkan should look to the GA hearings as a model for a mini trial in this case 16/x

@CNN A mini trial is the way to go, but regardless, Jack Smith should "slim to win" Meaning dropping certain charges or paring down allegations that arguably implicate official presidential functions 17/x

@CNN To do so, Smith shld cut portions that the court has already tossed for him (such as the allegations concerning the DOJ) & any questionable elements and... 18/x

@CNN ...Smith should also cut allegations related to Trump pressuring state officials & members of Congress, making public statements to pressure VP Pence @ the Jan 6 Capitol riot & not quelling the Jan 6 rioters 19/x

@CNN Smith should keep charges related to Trump’s alleged fraudulent acts w private attorneys and campaign advisors, which Trump’s attorney conceded were private acts during oral args 20/x

@CNN Slim to win would not only make Chutkan’s task of determining Trump’s immunity easier & speed the case to trial... But would also help uphold Chutkan’s decision upon Trump’s inevitable appeal on immunity grounds 21/x

@CNN The fact-finding @ the heart of this case is key 4 our country’s future Voters deserve 2 know abt 1 of the most grievous attacks on our democracy That’s y Chutkan shld promptly sched a mini trial when she gets back the case—we’ll see if she does 22/x

yes