A federal appeals court in Washington, D.C. has taken the unusual step of expediting Trump’s appeal in the 2020 election interference criminal case. According to a report by Raw Story on Wednesday, December 20, 2023, the move signals the court will no longer tolerate Trump’s “dirty game of delay,” said former federal prosecutor Glenn Kirschner.
The D.C. Court of Appeals set a January 9th deadline for arguments on Trump’s claim of “absolute immunity” from prosecution. It also scheduled a hearing soon on his motion to dismiss the case entirely. Such swift action is extremely rare, as appeals typically take months to get a court date, explained Kirschner, who has practiced before the same court. But in this case, “the appellate court first ordered all of the briefs to be submitted at light speed,” he said.
The schedule suggests the judges aim to resolve Trump’s appeals quickly so the criminal trial can proceed on its planned March 2023 start date. The decision aligns with recent rulings against Trump allies trying similar delay tactics. An appeals court recently denied former Trump Chief of Staff Mark Meadows’s Hail Mary attempt to shift his election interference case from state to federal court. Oral arguments were heard within days, not months.
The appeals court ruling also deals a blow to the expansive immunity Trump has claimed. His lawyers argue the former president is immune from prosecution for actions taken while in office, even those not clearly within official duties. But a group of prominent Republican former officials filed a brief rejecting that view. Granting Trump’s broad immunity claim “would turn Nixon v. Fitzgerald on its head” by letting a president undermine the next lawful president without consequence, they wrote.
Judge Tanya Chutkan has already ruled Trump enjoys no general immunity. If allowed to stand, her decision means the viability of the case turns on whether Trump’s actions to overturn 2020 election results were official acts. Trump insists his efforts were legally defending election integrity. But the indictment alleges he conspired to defraud the United States and illegally interfere with the election process. Special Counsel Jack Smith has already taken steps to counter Trump’s delays, such as asking the appeals court to let the district court case move forward pending appeal. Getting the trial done before the 2024 election is crucial, as a Republican Congress could end the prosecution if Trump is reelected. The swift timeline gives Trump less room to run out the clock.
