Judge Tanya Chutkan announced a pretrial schedule Thursday that will ensure that former President Donald Trump's Jan. 6 case doesn't go to trial before the election.

Chutkan's order The order followed one of the prosecutors' key scheduling recommendations, allowing the government to file its first report on the issue of presidential immunity over objections from Trump's defense team. The final deadline included in her order is set for Nov. 7, just days after the 2024 election.

Prosecutors and defense lawyers appeared before Judge Chutkan on Thursday morning for their first hearing since the Supreme Court's July ruling on presidential immunity, which said former presidents are immune from prosecution for their official duties while in office. Judge Chutkan acknowledged during the hearing that any ruling he makes on the issue would be appealed, but stressed the need to move the case forward nonetheless.

“Regardless of when the election is scheduled, some progress needs to be made on this matter,” Chutkan said.

Judge Chutkan acknowledges that whatever he rules in the Trump case, “there is a risk that the decision will be overturned.”https://t.co/auMoPJ7IIR

— Daily Caller (@DailyCaller) September 5, 2024

In his order, Judge Chutkan directed the government to file its initial brief on presidential immunity by September 26. Trump's legal team is due to file a rebuttal by October 17, and the government's rebuttal is due by October 29. (Related: Judge Chutkan acknowledges that whatever he rules in Trump case, there is a 'risk that it will be overturned')

Chutkan wrote that after all briefs have been filed, the court will decide whether further proceedings are necessary.

Chutkan also set an Oct. 24 deadline for the defense to move to dismiss the charges against Smith for his illegal appointment. Government briefs are due Oct. 31, and defense briefs are due Nov. 7.

The earliest deadline for requiring the government to “complete all required discovery” is set for September 10th.

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