The announcement Wednesday was a victory for former President donald Trump’s efforts to delay the criminal case charging him with plotting to overturn the results of the 2020 election, setting arguments for late April.
The Supreme Court’s decision to consider whether former President Donald Trump should be immune from prosecution in his federal 2020 election interference case could push a trial close to Election Day — or even beyond this year.
The announcement Wednesday was a victory for Trump’s efforts to delay the criminal case charging him with plotting to overturn the results of the 2020 election, setting arguments for late April. The Supreme Court will decide a legally untested question: whether former presidents are immune from prosecution for official acts they take in office.
The action injects immediate uncertainty into the legal and political calendar over the next several months. It could mean that the election this fall might happen without a jury ever being asked to decide whether Trump is criminally responsible for efforts to undo an election he lost in the weeks leading up to the violent Jan. 6, 2021, riot at the U.S. Capitol.
Of the four criminal cases Trump faces, the only one with a trial date that seems poised to hold is a New York state prosecution charging him with falsifying business records in connection with hush-money payments to a porn star, slated to begin in late March.
If the court rejects Trump’s immunity claim, the timing of the justices’ decision will be crucial in determining whether it’s possible for the case to go to jurors before November.
The justices’ decision to fast-track the case means a trial could potentially start by late summer or early fall if the high court quickly rules Trump can face prosecution. But if the court waits weeks to issue its ruling, it’s unclear whether the case could be scheduled or completed before the election.
The case has been on hold while Trump pursues his immunity appeals, meaning no pre-trial preparations have been taking place since mid-December. U.S. District Judge Tanya Chutkan is expected to give prosecutors and defense attorneys at least three months to get ready for trial if the case returns to her court. And more pre-trial legal battles are certain even after the case resumes in her court.
The trial is likely to take months, meaning it would likely threaten to run up against the election if it doesn’t begin by August. Special counsel Jack Smith’s team has said the government’s case should take no longer than four to six weeks, but that doesn’t include any defense Trump could put on.
