Trump immunity appeal offers best chance to stave off 2020 election
trial
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[December 08, 2023]
By Andrew Goudsward
WASHINGTON (Reuters) - Donald Trump is readying what may be his best
shot at avoiding spending much of next year in a courtroom facing
criminal charges of trying to overturn his 2020 election defeat, kicking
off an appeal that could go to the Supreme Court.
The gambit by the former U.S. president and frontrunner for the 2024
Republican nomination may succeed, legal experts said -- not necessarily
by persuading higher courts of the merits of his case, but simply by
bogging down the system and keeping him free to campaign against
Democratic President Joe Biden.
Trump's lawyers on Thursday said they'd appeal a ruling by the federal
judge overseeing his upcoming Washington, D.C., trial on federal
election subversion charges denying Trump’s claim that he is immune from
prosecution related to official actions he took as president.
That ruling may be the last one Trump will be able to appeal before the
start of his trial, currently scheduled to begin in March.
"It is very possible that all of this extends well past when the trial
is supposed to start," said Erica Hashimoto, a professor at Georgetown
Law and an expert on federal appeals courts. "If what former President
Trump wants is delay, he can get delay this way."
Trump’s legal team moved to halt all proceedings before U.S. District
Judge Tanya Chutkan in Washington, arguing in a court filing that his
appeal stops the case from progressing "in its entirety."
Special Counsel Jack Smith's office has previously accused Trump of
attempting to "delay and disrupt" the trial schedule at "every
opportunity." They have indicated in court filings that they will ask
the U.S. Court of Appeals for the District of Columbia Circuit to
expedite its review of the issue.
Trump was indicted in August on charges that he defrauded the United
States and obstructed Congress through a series of schemes to halt the
transfer of power to Biden after he lost the 2020 election. Trump has
pleaded not guilty.
Trump sought to toss the case, arguing that subjecting former presidents
to criminal prosecution for conduct related to their official
responsibilities would weaken the presidency. Judge Chutkan dismissed
that argument, saying it would give former presidents a "lifelong
'get-out-of-jail-free' pass."
It is unclear how long a delay Trump’s appeal may create. Legal experts
said the D.C. Circuit court could fast-track the case, potentially
issuing a decision within a month or two and leaving the current
schedule largely intact. But if the appeals court does not quickly rule
and the Supreme Court decides to take the case, a March trial is highly
unlikely and the case may be in limbo for months.
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![](../images/120823PIX/news_t10.jpg)
Former U.S. President and Republican presidential candidate Donald
Trump gestures as he leaves after attending a rally with supporters
at a "commit to caucus" event at a Whiskey bar in Ankeny, Iowa, U.S.
December 2, 2023. REUTERS/Carlos Barria/File Photo
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Three of the Supreme Court's justices were appointed by Trump, which
cemented the current 6-3 conservative majority.
'RAMIFICATIONS' OF DELAY
The approach of the courts in the coming weeks is likely to
determine whether Trump faces any trial ahead of the election,
despite facing four simultaneous criminal prosecutions. The federal
election case has progressed the fastest of the four and Chutkan has
repeatedly rebuffed Trump’s attempts at delay.
“There’s all kinds of possible ramifications from a delay in this
particular case because of the circumstances of him potentially
becoming the president,” said Andrew Lourie, a white-collar defense
lawyer and the former chief of the Justice Department’s public
corruption section.
If Trump regains the presidency, he would likely be able to pardon
himself in the two federal cases or install leaders at the Justice
Department who would shut them down. The two state cases could also
be put on hold while he remains in office.
None of the other cases appear likely to go to trial before the
Washington case.
U.S. District Judge Aileen Cannon, who is overseeing another case
accusing Trump of unlawfully retaining classified documents after
leaving office, pushed back several pretrial deadlines last month in
a move widely viewed as a prelude to delaying the scheduled May 2024
trial in Florida.
The judge overseeing a state prosecution against Trump and 14
co-defendants in Georgia has signaled skepticism about prosecutors’
request for an August trial. The timeline would likely keep Trump in
the courtroom – and off the campaign trail – for months leading up
to Nov. 5's Election Day.
In the New York case accusing Trump of falsifying records to pay
hush money to a porn star ahead of the 2016 election, the judge and
Manhattan District Attorney Alvin Bragg have both signaled a
willingness to move the planned March 2024 trial given Trump’s other
legal entanglements, according to media reports.
Trump has pleaded not guilty to all charges and accused prosecutors
of a broad “witch hunt” against him.
(Reporting by Andrew Goudsward; Editing by Scott Malone and Daniel
Wallis)
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