A federal judge on Friday rejected claims by former President Donald J. Trump that he enjoyed absolute immunity from criminal charges accusing him of seeking to reverse the 2020 election, slapping down his argument that the indictment should be tossed out because it was based on actions he took while he was in office.
The ruling by the judge, Tanya S. Chutkan, was her first denying one of Mr. Trump’s many motions to dismiss the election interference case, which is set to go to trial in Federal District Court in Washington in about three months. It offered a sweeping condemnation of what Judge Chutkan called Mr. Trump’s attempts to “usurp the reins of government” and cited foundational American texts like the Federalist Papers and George Washington’s farewell address.
Mr. Trump’s lawyers had expected the immunity motion to fail. They have, in fact, been planning for weeks to use the defeat to begin a long-shot strategy to put off the impending trial. They intend to appeal Judge Chutkan’s ruling all the way to the Supreme Court if they can, hoping that even if they lose, their challenges will eat up time and keep the case from going in front of a jury until after the 2024 election.
Mr. Trump’s lawyers first filed their immunity claims in October in a set of breathtaking court papers that maintained he could not be held accountable for any official actions he took as president, even after a grand jury had returned a four-count criminal indictment against him.
Prosecutors in the office of the special counsel, Jack Smith, who is overseeing the two federal cases against Mr. Trump,