Trump faces charges in Washington that he tried to steal the 2020 presidential election and obstruct Congress from counting Electoral College votes on Jan. 6, 2021. The Supreme Court ruled in July that Trump has presidential immunity for his “official” acts. The issue before Chutkan is how that ruling applies to this case.

Special Counsel Jack Smith, who has led the federal election interference and classified documents cases against Donald Trump, is planning to step down before the president-elect assumes office in January.

Glenn Kirschner said that Smith "must indict" the six unnamed co-conspirators in Trump's Washington, D.C., indictment.