In 2024, the order of Donald Trump’s criminal trials has been in question.
The federal election interference case is significant, with a rejected immunity claim possibly leading to a trial before the election.
The New York state case involving falsifying business records may proceed sooner due to uncertainties in the federal case.
The classified documents case and the Georgia election interference case are also pending, with upcoming hearings to determine trial dates and potential disqualification of the prosecutor in the latter.
Legal experts are expressing concern over the delay in the D.C. Circuit Court of Appeals panel’s ruling on Donald Trump’s presidential immunity claim.
The appeal, which challenges a ruling rejecting Trump’s argument for immunity from election subversion charges, has yet to receive a decision.
Former acting Solicitor General Neal Katyal and former federal prosecutor Andrew Weissmann have criticized the delay, emphasizing the urgency of resolving the issue before the election.
“I am officially now at the freakout stage. I’ve resisted that for a long time,” former acting Solicitor General Neal Katyal said.
“I think we’re now at the point, to use a different legal phrase, that ‘justice delayed is justice denied,’” Katyal said. “I can’t imagine a more compelling need for speed than the idea that American citizens deserve to know before the election whether a candidate for office is a felon and an insurrectionist. And it’s even more galling to me because this is an easy case.”
“There is no responsible constitutional scholar who thinks Donald Trump is right, that there is absolute immunity,” he said.
However, Georgia State law professor Anthony Michael Kreis suggests that the court’s consideration of multiple issues justifies the current timeline and cautions against premature anxiety.
“Far from delaying, judges are working a relative lightning speed. Would I like to have had a decision already? Yes. Is there a huge difference between waiting 14 days or 30? No,” Kreis wrote on X. “If a month goes by without any word, then I’ll start to get anxious. But, I think the prospect of a well reasoned decision that gets a cert denial from SCOTUS is better than a quick decision that causes a real delay.
“Folks are not considering the major delay that would be avoided if the DC [Circuit] issues a decision that does not get a cert grant— the Supreme Court taking up an appeal is a real danger in terms of derailing the Trump trial in Washington—not a couple of extra days in the DC [Circuit],” he added.
The potential implications of the court’s decision, including the possibility of a Supreme Court appeal, are also being discussed, with various theories emerging about the reasons for the delay.
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