The former president appears to be reaping the benefits of his appeal in the election case.
Former President Donald Trump’s federal election case has been on hold for 50 days as he appeals to a higher court on grounds that he is immune from prosecution.
On Dec. 13, 2023, U.S. District Judge Tanya Chutkan issued a pause in the election case in Washington and has signaled, on at least two occasions, that the March trial date that was scheduled last year will likely not hold. The judge also halted the submission of any major motions by President Trump’s attorneys and federal prosecutors.
The case will not resume until the D.C. Circuit Court of Appeals resolves the question of whether the former president is immune from criminal prosecution. His attorneys have argued that this is because his activity after the 2020 election was part of his official duties.
When the appeals court, which hasn’t signaled when it will issue an order, renders its decision, President Trump will likely appeal the matter to the U.S. Supreme Court. If that happens, it’s not clear when the election case will resume.
“The timing of a decision by the panel will indeed be a critical determinant of whether the case can go forward expeditiously, Daniel Richman, a Columbia University law professor, told Politico this week. “Quite a few stars would have to align before the trial can proceed,” he added.
Matthew Seligman, a former appeals court law clerk who filed a separate court motion in the immunity case, told the outlet that it’s not clear when the D.C. appeals court will issue a decision. There’s no sign that “we’re really close to a point where the judges in the majority would consider taking whatever measures they could … and it’s not clear what those are,” he said.
D.C. Appeals Court Judge Karen Henderson, the senior judge on the panel, has said she opposes taking the immunity case on an expedited timeline. She also has the right to write the majority opinion if she is part of the majority, as she is the most senior judge on the panel. If she dissents, the judge could also delay the ruling for weeks, the article noted.
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In January, Judge Chutkan signaled for a second time that there is a good chance the Trump trial date will likely be postponed to a later date. In a case involving a Jan. 6 defendant, she scheduled a trial for that individual for early April.
Special prosecutor Jack Smith, who brought the charges against the former president, has said that President Trump’s trial will likely take four to six weeks to complete, meaning that the March 4 date will very likely push up against or even conflict with the Jan. 6 defendant’s trial.
