That will be the most important issue for the court after this Supreme Court hearing.
The high court will ask lower courts to take up the issue in Trump’s federal criminal case around January 6, as justices appear for oral arguments and agree on the need to draw a line of protection against official conduct surrounding the president’s office. It seems like he is preparing to give instructions. More in 2021.
But it could go in several directions. That could mean U.S. District Judge Tanya Chutkan makes a decision in accordance with the Supreme Court’s opinion, potentially bringing President Trump to trial quickly before the election. Another possibility is that the Supreme Court’s decision could set up a trial process, possibly in the months ahead, with additional appeals court review, but it could be delayed as Trump had hoped. There is a possibility that
Not all legal issues in criminal cases can be appealed before trial, and most questions cannot be delayed from a jury hearing.
Presidential immunity is one of the rare issues that courts must resolve before trial. (The other one is related to the issue of double jeopardy.)
If the justices in this case send Trump back to the trial court, which is headed by Chutkan, she may have to decide whether the indictment’s allegations amount to official acts of the presidency.
In theory, President Trump could appeal the decision. But for another round of appeals to serve his delay strategy, President Trump must persuade the appellate judges (likely both the D.C. Circuit Court of Appeals and the Supreme Court) to use his own tactics to block the trial from taking place. It will be necessary to persuade the court to put the trial on hold. . It may also be necessary to convince the appellate court that it has the ability (known as jurisdiction) to reconsider a legal issue before trial.
Since the Supreme Court’s decision in this case, there are many ways this could be done, and the timing of each step can be difficult to determine.
