Staring at a March 4 trial on 2020 election obstruction charges, Donald Trump’s legal team has one possible strategy to delay or avoid it altogether.
While the courts usually shield US presidents from most lawsuits, Trump already lost an immunity bid against civil litigation seeking to hold him liable for the January 6, 2021, attack on the US Capitol.
But his appeal of that ruling has been pending for more than a year, offering a template for how he might try to postpone his Washington criminal trial over efforts to reverse the 2020 election.
Trumpâs legal team hasnât asked for immunity in the criminal case yet, but it is expected to argue that heâs entitled to sweeping protection against prosecution for actions he took related to his White House duties.
During a hearing on Monday, Trumpâs lawyer John Lauro said that the Supreme Court hadnât ruled on the bounds of executive immunity in a criminal case.
His preview of the immunity issue failed to persuade US District Judge Tanya Chutkan to adopt the 2026 trial date that Trump wanted, but Lauro said that if the Trump team does pursue it, theyâll likely ask her to pause the criminal trial until the issue is fully resolved.
Of course Donald Trump can win again
The strategy is a long shot because US appellate judges typically frown on hearing cases until thereâs a final judgment and thereâs a history of public officials prosecuted over actions they took while in office, said Brandon Fox, a former federal prosecutor who oversaw public corruption cases in Chicago and central California.
