Trump Trials: Going Through the Motions (pun intended)

Trump's Legal Troubles: Strategic Delays, Deft Maneuvers, and Excruciating Uncertainty.

Donald Trump at the Waldorf Astoria after his appearance at the U.S. Court of Appeals in Washington, D.C., on January 9. (Photo: The Washington Post)

Trump's Legal Troubles: Delays, Maneuvers, and Uncertainty

Introduction

As the 2024 U.S. presidential election—slated for November 5— approaches, former President Donald Trump finds himself embroiled in a series of legal battles across multiple jurisdictions. From federal indictments related to the 2020 election to state charges regarding hush money payments, Trump's legal team has managed to delay significant rulings and adverse verdicts, keeping his campaign afloat despite mounting challenges. While some observers believe the postponements benefit Trump's electoral prospects, others caution that his legal woes are far from over.

The Federal Case on the 2020 Election

One of the most high-profile cases against Trump involves his alleged interference in the 2020 election results. Special counsel Jack Smith is expected to submit a comprehensive legal motion outlining the basis for prosecuting Trump, despite a Supreme Court ruling that grants broad immunity to presidential actions. Trump’s legal team is pushing back, requesting additional time to prepare, citing the complexities surrounding the boundaries of presidential immunity.

This case, overseen by U.S. District Judge Tanya S. Chutkan in Washington, D.C., is a focal point of the ongoing legal debate over whether Trump’s post-election actions can be classified as official presidential duties or personal conduct. Judge Chutkan has thus far shown little sympathy for the defense’s delay tactics, but the legal battles over immunity are far from over.

Adding further intrigue is the Trump legal team’s argument that Jack Smith’s appointment as special counsel was unconstitutional, a claim that has already found traction in other cases. This argument stems from a ruling by U.S. District Judge Aileen Cannon in Florida, who held that Smith’s appointment in the classified documents case violated legal norms. Though Cannon’s ruling applies only to the Florida courtroom, Trump’s attorneys are attempting to leverage it in the D.C. case as well, hoping to undermine Smith’s authority.

Given the complexities involved and the ongoing legal wrangling, it’s unlikely that this case will see significant developments before the November election, leaving Trump’s legal and political future shrouded in uncertainty.

The New York Hush Money Case

In New York, Trump faces 34 felony counts tied to a hush money payment made in 2016. Originally, a sentencing date was expected earlier this year, but Justice Juan Merchan has delayed it until after the presidential election, with a new hearing scheduled for November 26. Trump's legal team has also appealed the decision, arguing the charges should be dismissed based on claims of immunity.

This case may not carry the same weight as the federal charges, but it still represents a serious threat to Trump’s personal and political future. A potential jail sentence in November could have severe repercussions, both politically and personally, even if it doesn't immediately derail his campaign. Importantly, even the President of the United States cannot pardon someone convicted of a state crime, unlike the broad, nearly unfettered presidential powers to pardon federal offenses. This distinction makes the New York case particularly perilous for Trump, as it could limit his options for legal recourse, regardless of the election outcome.

The Classified Documents Case in Florida

Another major case against Trump revolves around allegations that he mishandled classified documents at his Mar-a-Lago estate in Florida. This case, overseen by U.S. District Judge Aileen M. Cannon, was initially moving at a fast pace, but Trump’s legal team has successfully secured an extension. The appeals court granted them an additional 30 days to file their legal arguments, pushing key deadlines to late October and further delaying the case’s progression.

One of the most notable aspects of this case is Judge Cannon's earlier ruling that the appointment of special counsel Jack Smith was unconstitutional, at least in this specific instance. Cannon argued that Smith’s appointment violated certain legal norms, and as a result, she dismissed 40 federal charges related to the mishandling of classified documents. This decision, however, is currently under appeal by Smith’s team, and the U.S. Court of Appeals for the 11th Circuit will eventually decide whether to uphold Cannon’s ruling or reverse it.

Though Trump’s legal team has achieved temporary relief with the extension, this case could explode after the election, with significant long-term legal ramifications. The involvement of sensitive classified documents and the overarching concerns about national security make this one of the more dangerous legal battles Trump faces. Despite the delays, the stakes remain high, and any conviction here could carry substantial legal consequences.

Georgia State Election Interference Case

In Georgia, Trump faces eight charges related to his alleged attempts to overturn the 2020 election results in that state. The case, led by Fulton County District Attorney Fani Willis, has already seen some of Trump’s co-defendants plead guilty. Trump, however, has been granted a temporary reprieve as the Georgia Court of Appeals is set to hear his legal team’s efforts to disqualify Willis from the case.

With delays piling up, it seems unlikely that a resolution in the Georgia case will come before the election. Still, this case presents one of the more serious threats to Trump’s legal standing, as a conviction could carry severe criminal penalties.

Delays and Strategic Maneuvering

One consistent theme in all of Trump's legal battles has been his legal team's adeptness at securing delays. From requesting extended deadlines to leveraging legal technicalities, Trump's lawyers have effectively slowed the pace of proceedings, ensuring that most major rulings and potential consequences are postponed until after the November 2024 election.

The Political Implications

While Trump has been able to keep his campaign on track, the looming legal battles cast a long shadow over his prospects. His supporters view the delays as evidence of a legal system stacked against him, reinforcing his narrative of being a political martyr. However, critics argue that the delays only postpone an inevitable reckoning.

Summing Up: The Calm Before the Storm

Not much is expected to change in Trump’s legal situation before the November election. The delays in various cases suggest that Trump’s legal team has, for now, succeeded in fending off immediate threats. However, the respite may be short-lived. Trump’s worst-case scenario could materialise after the election—facing a jail term in the New York case, while watching a Democratic president, potentially Kamala Harris, take office.

Though Trump's legal battles seem to be in a holding pattern, they are far from over. The real consequences may unfold after Election Day, with the former president’s legal challenges continuing to cast a long shadow over his political career and personal freedom.