Judge Karen LeCraft Henderson of the Washington, D.C. Court of Appeals, known for issuing favorable rulings for former President Donald Trump, is making a move that could significantly impact the timeline of Trump’s criminal case related to the January 6th attack on the US Capitol.
Henderson, appointed by President George H.W. Bush, ruled this week to hear oral arguments in Trump’s appeal scheduled for January 9th. However, she introduced a new element, expressing her intent to await a decision from the Supreme Court on Trump’s claims of presidential immunity before allowing the appeals court to proceed.
This decision, if followed through, could potentially introduce substantial delays to the case, contingent on the Supreme Court’s pace in addressing Trump’s claims.
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Henderson’s previous favorable rulings for Trump, notably in 2020 when she voted to terminate the prosecution of former National Security Adviser Michael Flynn, have drawn attention. Flynn’s case was part of the broader investigation into Russian interference in the 2016 election.
The Department of Justice has urged the Supreme Court to expedite a ruling on Trump’s immunity claims, emphasizing the importance of a swift resolution instead of prolonged litigation in lower courts. Henderson’s stance, however, suggests a different approach, prompting concerns about the pursuit of timely justice.
Former federal prosecutor Eric Lisann criticized Henderson’s position, stating, “She prefers to keep that court unbriefed and unready if the Supreme Court decides to wait on her court.” Notably, her two co-panelist judges reportedly reject her approach.
In a prior ruling alongside Henderson in the Flynn case, Judge Neomi Rao, also a Trump appointee, shared her favorable stance. The third judge, Robert L. Wilkins, dissented, accusing his colleagues of exceeding their judicial boundaries.
The immunity case centers around Trump’s alleged involvement in attempting to overturn the 2020 election before the January 6th attack. Trump, facing four charges, maintains his innocence, claiming to be a victim of a political witch hunt.
Should Henderson succeed in delaying the case, it could potentially allow Trump to navigate his 2024 presidential campaign without the looming threat of prosecution. Given the Republican nomination’s significance, the outcome of Trump’s legal challenges carries substantial political implications.
