The recent supreme court decision that gave Trump carte blanche gift to commit crimes as official acts, should he find his way back to the White House, had some extra stocking stuffers. Clarence Thomas answered a question that no one asked - he set up a "road map" for the Florida federal judge to dismiss the stolen documents at Mara Lago case, and she did just that this morning. The premise is that the special counsel wasn't appointed in a legal way (regardless of the fact that special counsels were set up the same way going back many presidential administrations, including Trump and the Mueller case.

So, that can be appealed and it can be refiled by a different justice department prosecutor. But that trial won't happen before the election.

The case in Washington, D.C., is likely to be returned to Judge Chutkan on Friday this week, and she'll have to look at the decision and decide which of his acts have immunity and which can go forward with criminal charges.

Judge Chutkan's Trump Delay Offers Possibility of 'Other Movement'—Attorney
The article quotes Joyce Vance, a former federal prosecutor:

"This coming Friday, by my count, Judge Chutkan's jurisdiction over the Special Counsel's election interference case will resume when the judgment is returned to her from the Supreme Court," she wrote.

"No one knows exactly how she will proceed after the Supreme Court gutted the case with its finding of broad presidential immunity and prohibition on the use of any evidence that involves 'official acts.' Now we will finally begin to learn what Judge Chutkan's plan for moving forward is, including whether she intends to hold an evidentiary hearing to separate official acts from private ones.

"She must determine what charges in the indictment may proceed despite the immunity grant and what evidence the government is still entitled to use."

"The [Supreme] Court seemed to suggest that much of what Judge Chutkan must make decisions about are fact-based inquiries, which many commentators suggested would be an opportunity for the Judge to hold an evidentiary hearing," Vance added.

She said this would be "a mini-trial of sorts" that would expose "much of the evidence a jury would have heard if the case went to trial."