Insights from former prosecutors suggest that the success of Donald Trump’s appeal to a rejected immunity claim might effectively delay the trial on allegations of conspiring to overturn the 2020 election.
Gene Rossi, a seasoned federal prosecutor with extensive experience at the US Justice Department, remarked on the setback in scheduling caused by the Supreme Court’s decision not to expedite the appeal before the federal appeals court.
“While the denial is a setback, Trump’s attempt for expedited review was a commendable effort to expedite the trial. Given the weak nature of Trump’s immunity appeal, it appears he won’t be facing the repercussions of the January 6 events for several more months,” Rossi stated.
Rossi speculates that the trial might be postponed to July or August, potentially aligning with Trump’s anticipated selection as the GOP nominee for 2024, given his substantial lead in polling.
The Immunity Question
The central question revolves around whether Trump is immune from prosecution, as he claims to have acted within his presidential capacity to safeguard election integrity. Trump further contends that double jeopardy applies, citing his previous acquittal by the Senate on similar charges following the events of January 6, 2021.
Despite Judge Tanya Chutkan swiftly dismissing these arguments to maintain trial momentum, the appeal process could extend for months, with expedited arguments scheduled to commence on January 9.
Judge Chutkan has put proceedings on hold during the appeal, a prudent move considering that a Supreme Court decision favoring Trump’s immunity or invoking double jeopardy would effectively conclude the case.
Implications of Delay
The delay, perceived by experts as a tactical win for Trump, could, ironically, backfire if a conviction looms closer to the election. Additionally, having the case unresolved during the election may prove detrimental to Trump’s candidacy.
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Compounding matters, Trump will need to balance court appearances with campaigning, potentially even attending the Republican National Convention simultaneously. Republicans accuse prosecutors of election interference, asserting that the charges and the insistence on a pre-election timeline are politically motivated.
Despite facing 91 charges across four indictments, Trump’s supporters view them as politically motivated attempts to undermine the democratic will of the voters, providing him with unexpected support rather than harm.