The election subversion criminal case against Donald Trump has been returned to the Washington, D.C., federal judge following the Supreme Court's decision that gave presidents limited immunity from prosecution.
Judge Tanya Chutkan on Friday received the case that alleges the former president illegally tried to overturn his 2020 losing election results o President Joe Biden.
It has been delayed for months because Trump's legal team asked the Supreme Court to rule on whether the former president has immunity and could dodge prosecution in the case.
Now Chutkan has scheduled the first pre-trial hearing in the case for Aug. 16 in the middle of Trump's campaign.
It's the first step in her decision on which parts of special counsel Jack Smith's indictment against Trump may be tossed because of the Supreme Court's order, Reuters reported.
In court documents Saturday, Chutkan said Trump will not have to appear for the hearing.
In a 6-3 decision, the court gave presidents immunity from prosecution for "official acts" while they were in the White House.
The justices put the onus on lower courts, however, to determine which acts are official and which are not. Those decisions can also be appealed.
Trump was charged with four criminal counts for his role in the scheme to enlist fake electors to claim that he won the election.
The pause in the case allowed it to be delayed for months, making it unlikely that it will come to trial before November's election. But news reports about any pre-trials hearings likely won't serve Trump's campaign.
But if Trump wins the presidency, he could direct his attorney general to dismiss the case.
