Former U.S. Donald Trump (Donald Trump) suffered a defeat in court – but that defeat was also a victory.
The U.S. federal appeals court ruled that Trump does not enjoy immunity and is not immune from criminal prosecution in a case of alleged attempts to overturn the 2020 outcome.
However, the ruling will indefinitely postpone another lawsuit that Trump is facing, the federal trial related to the riot on Capitol Hill on January 6, 2021.
The trial over Trump's alleged attempt to overturn the 2020** outcome, which was originally scheduled for March 4, has been canceled and a new trial date has not been set.
Former federal prosecutor Neama Rahmani argues that this is in line with Trump's strategy of creating obstacles in the judicial process.
"It is in Trump's interest to drag the case until after November," he said. If he wins control of the White House, he cannot be prosecuted if he is in office. 」
If Trump's goal is to stall for time, his legal team may now take several actions.
They may ask the full 11-judge Court of Appeals for the Washington Circuit to review and reconsider the case. However, this request is unlikely to succeed, as six of the remaining eight judges must support the decision, and it is rare for a request to be granted. At the same time, the Court of Appeals ruled that the Capitol riot case could continue while the request was being considered. Perhaps in the hope of avoiding further extensions. But Trump has other options. He can go to the Supreme Court, which must decide whether to review the case or uphold the lower court's decision. The Supreme Court can also decide whether to suspend the trial of the Capitol riot during this period. That seems like a possible avenue, as the Court of Appeals has asked Trump's legal team to prepare its Supreme Court request by Feb. 12. Until then, there is a possibility that the trial will be postponed or returned to the right track. If the Supreme Court refuses to hear the case, the election interference case could return to its normal schedule. But if the Supreme Court agrees to do so, it is almost guaranteed that the trial will take place in the shadow of Election Day at the earliest. That could prompt the presiding judge, Tanya Chutkan, to put the case on hold until the Americans vote in November.
Professor David Suppel, a lecturer in constitutional law at Georgetown University, told the BBC that the Supreme Court is unlikely to agree with the ex-leader's legal views, given past court precedents and American legal traditions.
He said: According to Trump, the legal status of the United States** is functionally not much different from that of the monarch. 」
But with the Supreme Court's ruling delayed, a Trump defeat on the Supreme Court would mark another victory for the former **. If he wins the November vote, his legal problems at the federal level can be written off.
If Trump takes office, he could arrange for the Justice Department's appointment to drop these cases, or even use the pardon power against himself, in a historic way.
This would be a stunning start to Trump's second term. But the fact that he will be sworn in on the steps of Capitol Hill is the same place where his supporters rioted over defeat four years ago is an unusual sight in itself.
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