Former President Donald Trump is poised to employ an array of legal maneuvers to stall the Supreme Court’s verdict regarding his claim of presidential immunity in a federal election obstruction case, as outlined in a report by Newsweek on Tuesday, December 26, 2023. A former FBI official, Andrew McCabe, disclosed Trump’s strategy of prolonging legal proceedings to evade trial for purported efforts to overturn the 2020 election during his tenure in office.
McCabe, who served as the FBI’s deputy director under Trump, asserted that the former president’s clear intent is to protract the legal process as much as possible to circumvent facing trial. Trump faces a legal battle with Special Counsel Jack Smith, appointed by Attorney General Merrick Garland in February 2023, tasked with investigating potential breaches of federal law by Trump and his associates. This investigation covers allegations of pressuring state officials, intimidation of election workers, and disseminating baseless claims of electoral fraud.
Smith has levied charges against Trump, including 10 counts of obstruction of justice, conspiracy, and abuse of power, seeking a trial to commence in March 2024. Trump contends that as president at the time of the alleged offenses, he holds immunity from prosecution.
The Supreme Court recently declined to hasten a decision on the immunity matter, deferring the issue to the lower courts following standard procedure. Consequently, the U.S. Court of Appeals for the District of Columbia Circuit will review the immunity question during oral arguments scheduled for January 9.
Depending on the appellate court’s ruling, either Smith or Trump’s legal team may appeal once more to the Supreme Court, a process that could potentially span months or even years before reaching a resolution.
During an appearance on the ‘Jack: A Special Counsel Podcast’ hosted by Allison Gill of the ‘Mueller, She Wrote’ podcast, McCabe speculated that Trump’s aim is to elongate the appeals process, potentially delaying the trial until after the November 2024 election, where Trump plans to pursue another presidential bid.
Should Trump win the election, he could potentially drop the case or issue a self-pardon if convicted before assuming office. Conversely, if unsuccessful, Trump might seek Supreme Court appeal or request a pardon from the incoming president.
McCabe anticipated that if the appeals court rejects Trump’s immunity claim, the former president might seek a rehearing or an “en banc” review by the full court, further complicating and prolonging the legal proceedings.
The ex-FBI official indicated that multiple consistent and robust circuit court opinions could relieve the Supreme Court of feeling obligated to overturn a decision.
Trump, persisting in his criticism of Smith and the federal investigation, reiterated his stance on December 22 via his new social media platform, Truth Social. He maintained his entitlement to presidential immunity, asserting his duty as president to challenge the alleged irregularities in the 2020 election.
“Of course I am entitled to Presidential Immunity. I was President, it was my right and duty to investigate, and speak on, the rigged and stolen 2020 Presidential Election,” Trump emphasized in the post.
Trump eagerly anticipates the forthcoming hearings on Presidential Immunity before the DC Circuit Court of Appeals.
