Donald Trump is fighting two parallel battles in the four criminal cases that persecute him: proving his innocence and delaying the procedures as much as possible. The first is not very promising – it is difficult to think that he will not be convicted in one of the four trials that must be held against him – and his army of lawyers has put all the emphasis on the second: ‘delay, delay, delay’, ‘delay , delay, delay’, with the aim of not being judged until after the presidential elections in November. He is the Republican candidate for the third time, he has some advantage in the polls against Joe Biden and could nullify some causes if he regains the White House.
In this double battle, the former president won this Thursday one of lime and another of sand. The Supreme Court heard oral arguments from the parties on Trump’s position that he is protected by “absolute” presidential immunity in the facts for which he is being tried in the case of the campaign to overturn the results of the elections. 2020 presidential election, which he lost to Biden. The high court, with a conservative majority, will not make a decision until late June or early July, but from the discussion with the parties it seemed to be inclined that the president’s immunity in acts related to his office does not protect Trump in that attempt. to change the result of the election, which ended with the assault on the Capitol by a mob of his followers on January 6, 2021.
But, to the joy of the former president, the judges also indicated that they will return the discussion on immunity, promoted by special prosecutor Jack Smith, back to the lower court. If that ends up happening, it will mean a new delay for Trump’s trial, which was to have begun in early March.
The president of the Supreme Court, John Robertswas one of the justices who showed their dissatisfaction with the appeals court’s arguments that agreed with Smith against Trump’s demand for immunity and that favored returning the case and retrying it.
Two of the conservative judges, Neil Gorsuch and Brett Kavanaugh, both chosen by Trump for the Supreme Court during his presidency, considered that the president may have some immunity in the case and that lower levels should better delimit their scope.
That procedure could mean that the trial does not take place until after the elections, something that Smith has sought to avoid at all costs and that is increasingly complicated.
The judge overseeing the trial, Tanya Chutkan of Washington, has hinted that the preparation phase for the trial will take about three months. If the Supreme Court justices return the immunity case to lower courts, the window to hold the trial before the elections closes.
If the Supreme Court justices return the immunity case to lower courts, the window to hold the trial before the elections closes
The Supreme Court had already received criticism for accepting the consideration of absolute immunity, something that, according to some legal experts, it had already decided on in the past and only allowed Trump to achieve a victory in his delaying tactics.
This strategy has worked in most of the cases that pursue him. The one held in Georgia, within state jurisdiction, also for its campaign to reverse the 2020 results – several of the most significant episodes occurred in this key state – was blown up after the defense of Trump will accuse the prosecutor who promoted him of an improper relationship with a member of the investigative team. The beginning of that trial will not be, at least, until early Augustbut further delays are possible.
A similar situation occurs with the case regarding the retention of classified documents by Trump after leaving the White House. Initially, this is the case with a clearer possibility of conviction against Trump, given the story presented by the prosecutors in the indictment. But the judge in the case, Aileen Cannon, appointed by Trump, does not seem willing to push forward with holding the trial, which was scheduled for the end of May, but does not yet have a fixed date.
The only trial that has begun is the one now being heard in New York, but it is the smallest and, perhaps, the most legally weak: the falsification of financial documents to silence romances before the 2016 elections. Even if Trump is convicted, You may not have to serve a prison sentence.
