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Law Professor Spots ‘Most Chilling’ Part Of New Trump Move

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Trial schedule

A NYU law professor expressed alarm over former President Trump’s legal filing proposing a trial schedule in his classified documents case that referenced dates for the Republican National Convention and other 2024 campaign activities.

Political schedule

The professor said this was the first time a front-running presidential candidate facing criminal indictment has asked a court to consider their political schedule.


It is “one of the most chilling things that I’ve seen in 25 years of teaching constitutional law,” professor Kenji Yoshino said. The trial schedule “did more than anything else to knock my socks off,” Yoshino said.

Criminal indictment

“It’s just this idea that you have somebody who’s saying, ‘Here’s a pretrial motion and then here’s the Republican National Convention,’” Yoshino said. “It just suggests that this is the very first time in our nation’s history that we’ve had an individual who’s a front-runner, running for president, who was a former president, who’s under a criminal indictment.”

Election interference case

“This has never happened before,” he added. “This is completely uncharted territory.” The Supreme Court of the United States is set to hear oral arguments on April 25 regarding whether former President Donald Trump is immune from criminal charges in his federal election interference case.

Vehemently contested

This pivotal case, prosecuted by special counsel Jack Smith, alleges that Trump unlawfully conspired to overturn President Joe Biden’s 2020 victory. The central question at hand is whether an ex-president can face criminal charges for official acts performed while in office, a claim vehemently contested by Trump.

Political context

While Trump’s attorneys argued a post-election start was needed to avoid interfering with the campaign, the professor noted no one is above the law and the judge should set dates based on legal merits alone, though acknowledged it may be difficult for the human judge to ignore the political context entirely.

Trial start date

“I think in an ideal world, she should not,” Yoshino said regarding the judge’s consideration of Trump’s campaign in her decision making. “I mean, no one is above the law. This is a criminal proceeding. She should just set the dates as it were. But I can’t imagine as a human being, she’ll be able to ignore that.” A hearing will be held on the trial start date.

Oral Arguments

Oral Arguments and Delayed Trial: The criminal case against Trump is currently on pause as the Supreme Court deliberates on his claim of presidential immunity.

Before the election

If the court rules that the case can proceed, Trump could potentially face trial shortly before the November presidential election.

Lower Court rejection

Legal Battle and Lower Court Rejection: Two lower courts have already dismissed Trump’s presidential immunity argument, prompting the case to be taken up by the Supreme Court. Special Counsel Smith has urged the court not to further delay the election case by considering the immunity claim.


Allegations and Plea: Smith alleges that Trump illegally conspired to overturn President Biden’s victory through various methods, culminating in an effort to impede Congress from counting legitimate electoral votes on January 6, 2021. Trump has pleaded not guilty to the charges.

Potential implications

Potential Implications and Legal Perspectives: Impact on Legal Precedent: The Supreme Court’s ruling in this case could significantly shape the legal understanding of a former president’s criminal liability for actions taken during their time in office, potentially setting a precedent for future cases involving presidential immunity.

Ongoing litigation

Ongoing Litigation and Political Dynamics: Trump is also facing legal battles in Florida and Fulton County, Georgia. With the upcoming presidential election, the outcome of these cases holds significant implications for Trump’s political future.

The upcoming hearing

The upcoming Supreme Court hearing on Trump’s presidential immunity marks a critical juncture in the ongoing legal battle, with potential ramifications for the intersection of executive authority and criminal accountability.

Boundaries of legal recourse

The decision rendered by the Supreme Court will undoubtedly reverberate through the legal and political landscape, shaping the contours of presidential immunity and the boundaries of legal recourse for former presidents.

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