What happened?
The Supreme Court agreed Wednesday to consider former President Donald Trump’s argument that he has total legal immunity for any alleged crimes committed in office. That decision delays the federal criminal trial on Trump’s efforts to overturn his 2020 loss, plausibly until after the 2024 election.
How we got here
Special counsel Jack Smith filed felony charges against Trump in August, and U.S. District Judge Tanya Chutkan set a March 5 trial date. The Supreme Court will hear oral arguments on Trump’s immunity claim the week of April 22. If the court rules against Trump, as expected, pretrial activity — frozen since mid-December — would resume and might last roughly 80 days. That would likely put jury selection in late August to October, barring further delays.
The commentary
This is a “colossal victory for Trump,” who openly aims to “delay his trials until after Election Day,” then kill them if he wins, Ian Millhiser said at Vox. His appeal needn’t take three months, said legal analyst Tristan Snell. “The Supreme Court heard and decided Bush v. Gore in THREE DAYS.” It has never been the justice system’s job to “save the country from Trump,” said Randall Eliason, a George Washington University law professor. “The voters need to do that.”
What next?
Trump’s New York trial for paying hush money to a porn actress — the only of his four felony cases still on schedule — is set to start March 25.