Trump Appeals Ruling, Potentially Delaying Trial on Federal Election Subversion Charges

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ICARO Media Group
Politics
08/12/2023 19h42

Washington, D.C. - Former President Donald Trump is making a strategic move to avoid facing criminal charges in court over his alleged attempts to overturn the 2020 election results. Legal experts suggest that with this appeal, Trump aims to bog down the judicial system, allowing him to campaign freely against President Joe Biden and potentially secure the 2024 Republican nomination.

Trump's legal team has announced their intention to appeal a ruling by the federal judge overseeing his upcoming trial in Washington, D.C. on charges of federal election subversion. The ruling denies Trump's claim that he is immune from prosecution related to his actions as president.

Experts anticipate that Trump's appeal could lead to significant delays, potentially extending beyond the scheduled trial start date in March. Erica Hashimoto, a professor at Georgetown Law specializing in federal appeals courts, asserts that if Trump's objective is to create a delay, this legal maneuver could achieve the desired outcome.

In response to Trump's appeal, his legal team has requested the halting of all proceedings before U.S. District Judge Tanya Chutkan. They argue that the appeal should impede the progression of the case entirely. Special Counsel Jack Smith's office has previously accused Trump of seeking to disrupt and delay the trial proceedings at every opportunity.

The delay caused by Trump's appeal remains uncertain. While the D.C. Circuit court could expedite the review process, issuing a decision within a month or two, if the Supreme Court decides to take the case, a March trial becomes highly unlikely, potentially leaving the case in limbo for months to come.

It is worth noting that three of the Supreme Court justices were appointed by Trump, establishing a conservative majority of 6-3. Thus, the actions of the courts in the coming weeks will play a crucial role in determining whether Trump will face a trial prior to the next election, as he currently faces four simultaneous criminal prosecutions.

Andrew Lourie, a prominent white-collar defense lawyer and former chief of the Justice Department's public corruption section, explains that potential delays in this case are particularly significant given the circumstances of Trump potentially returning to the presidency. If Trump regains office, he would likely have the ability to pardon himself in the two federal cases or appoint leaders in the Justice Department who would halt the prosecutions. The two state cases could also be put on hold during his time in office.

While the federal election case has progressed more rapidly than the other three cases, Judge Chutkan has consistently rejected Trump's attempts to delay its proceedings. However, the outcomes of the cases in the other jurisdictions remain uncertain. U.S. District Judge Aileen Cannon, overseeing a case in Florida accusing Trump of unlawfully retaining classified documents after leaving office, has recently pushed back pretrial deadlines, possibly indicating an intent to delay the scheduled May 2024 trial. In Georgia, the judge overseeing a state prosecution against Trump and 14 co-defendants has expressed skepticism about an August trial date requested by prosecutors. A trial during that timeframe could potentially keep Trump away from the campaign trail in the months leading up to Election Day on November 5th.

Furthermore, in the New York case accusing Trump of falsifying records for hush money payments to a porn star prior to the 2016 election, both the judge and Manhattan District Attorney Alvin Bragg have shown willingness to adjust the planned March 2024 trial, taking into account Trump's other legal entanglements.

Trump, who has pleaded not guilty to all charges, continues to denounce the prosecutions as a wide-ranging "witch hunt" targeting him.

In the weeks ahead, the actions and decisions of the courts will determine the path Trump's legal battles will take, affecting his potential candidacy in the next election and his ability to avoid standing trial.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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