In the impending legal conundrum surrounding Donald Trump’s potential trial for alleged interference in the 2020 election, the decisive authority rests firmly with the nine justices of the Supreme Court, a trio of whom received nominations directly from Trump himself.
Anticipated to petition the high court for a deferral of the trial, Trump’s hopes were dashed by a resolute rejection from a federal appeals court on Tuesday, dispelling any notion of “presidential immunity” from the criminal charges.
With the ex-president now confronted by a pivotal deadline on the upcoming Monday to implore the Supreme Court’s intervention, the justices are confronted with choices bearing significant consequences for the presidential campaign.
They might opt for an expeditious consideration of Trump’s appeal, or deliberate at a leisurely pace, thereby essentially ensuring that the trial on federal election subversion cannot transpire before November. Alternatively, they might choose to outright reject Trump’s appeal, enabling the resumption of the trial proceedings, stagnant for nearly two months.
Complicating matters further, the high court concurrently grapples with a momentous Trump-related question: Does the 14th Amendment’s insurrection clause disqualify him from seeking the presidency again? This case is set for arguments on Thursday, expedited on an unusually swift track.
Calls have already emerged for the justices to similarly expedite the imminent immunity appeal. The longer Trump’s immunity assertion remains unsettled, the greater the likelihood that the trial on election charges, spearheaded by special counsel Jack Smith, will encounter further delays.
Below are potential scenarios outlining how the high court might navigate the impending Trump quandary poised to land on its docket.
SCOTUS Rejects Case Consideration
A substantial triumph for the special counsel would manifest if the Supreme Court expeditiously rejects any review, allowing the D.C. Circuit Court of Appeals’ Tuesday ruling to endure. This decision would grant Judge Tanya Chutkan, overseeing the trial at the base level, the green light to recommence Trump’s trial schedule significantly sooner than if the justices were to intervene directly.
