Former President Donald Trump may potentially face a criminal trial before the upcoming election, as all proceedings in the Department of Justice (DOJ) election meddling case against him have been put on hold. The case is currently awaiting a ruling from a federal appeals court regarding Trump's claim of presidential immunity from criminal prosecution.
A three-judge panel in the appeals court has remained silent for the past three weeks, causing a delay in the scheduled March 4th trial date. Observers expected a swift decision, especially considering the significance of the case involving a former president and an unprecedented constitutional claim.
One possibility for the delay is that the court is taking additional time to perfect their opinion, given the magnitude of the decision. Another potential outcome is a split decision, with two judges rejecting Trump's claim, but differing on whether the claim should be heard at this time. The court previously discussed the issue of whether an interlocutory appeal should be heard before conviction.
Experts believe that a 2-1 opinion in favor of hearing the claim could invite further review by the court en banc, adding more delays to the process. Additionally, it increases the likelihood of the Supreme Court taking up the case. However, several constitutional scholars, including former Trump White House lawyer Ty Cobb, believe that the Supreme Court is unlikely to consider the case before a conviction is secured.
If the trial were to proceed, it could potentially be delayed until August, according to legal analyst Norm Eisen. However, there is a longstanding DOJ rule that discourages public steps that could influence an election within 60 days of the election date. This raises the possibility that the trial may not even begin before the election.
Regarding Trump's legal representation, his lawyer in the Eugene Carroll defamation settlement case, Alina Haba, recently indicated that Trump is seeking new representation for his appeal. Haba mentioned that winning is essential to Trump and that he desires a legal team that will not fail him. Former White House lawyer Ty Cobb criticized Haba's handling of the case, accusing her of following Trump's narrative of victimization and unfairness in the judicial system.
The ultimate outcome of the DOJ election meddling case against Trump remains uncertain. If Trump were to win the election, he would have the power to order the dismissal of any appeals, rendering the case inactive. However, scholars dismiss the notion that Trump would pardon himself, as he could simply direct the Justice Department to dismiss the appeals instead.
As the court's decision on Trump's claim of immunity is still pending, the timeline for the trial and potential appeals remains uncertain. Whether the case proceeds before the election or after, it will undoubtedly have profound implications for both Trump and the public perception of his actions during his presidency.
