We were ready to have real movement in one of the cases against Donald Trump this week. But — er, snag — we got yet another delay in the D.C. election interference case, which has had the most momentum of the four criminal cases against Trump this sleepy August.
We’ll explain that delay and some new filings that landed in the other cases in this week’s edition of the Trump Trials newsletter.
(Have questions on Trump’s trials? Email us at perry.stein@washpost.com and devlin.barrett@washpost.com and check for answers in future newsletters.)
Okay, let’s get started.
What’s ahead
We thought we’d have a hearing this Friday in the D.C. election interference case — the first at the trial court level in months. But that’s now been delayed. (We’ll explain more below.)
In the Big Apple, Trump is still trying to remove New York Supreme Court Justice Juan Merchan from the case. It’s a long shot request, but Merchan said he would rule on the recusal motion this week.
The appeals process in the Florida classified document case will start at the end of the month.
Now, a recap of last week’s action.
1. D.C.: Federal case on 2020 election
The details: Four counts related to conspiring to obstruct the 2020 election results.
Why it’s stalled: The trial has been delayed while the Supreme Court answered the question of whether presidential immunity from criminal prosecution extended to Trump’s alleged crimes in trying to block Joe Biden’s election victory. The Supreme Court last month significantly narrowed the parameters for when a president can be prosecuted and said lower courts should get the first shot at deciding what that means for this case.
Last week: U.S. District Judge Tanya S. Chutkan had set an Aug. 9 deadline for both sides to provide her with a proposed schedule on how they should proceed. A subsequent hearing was set for Aug. 16.
But the special counsel asked for a three-week delay, saying his office needed more time to assess the Supreme Court’s immunity decision and had not yet “finalized its position” on a schedule. Trump’s attorneys didn’t object to the request and Chutkan granted it. The sides now have until Aug. 30 to brief the court, with a hearing scheduled for Sept. 5.
It’s not surprising that special counsel Jack Smith isn’t barreling ahead — and that Chutkan granted the later deadlines. There’s little chance that this case is going to trial this year, so Smith is no longer racing against the Inauguration Day clock. Plus, the Supreme Court chided the lower courts in its presidential immunity opinion for moving so fast with this case, so everyone is moving a little more gingerly.
Nerd word of the week
Unopposed motion: Judges generally want parties to discuss with each other their requests before they formally lodge them with the court. The hope is that the parties come to a resolution on their own without a judge’s involvement.
In D.C., the special counsel filed an unopposed motion to extend the briefing and hearing deadline by three weeks. Smith wrote in his unopposed motion that he conferred with Trump’s attorneys about the later deadlines and they did not oppose the delay. Since the two sides agreed, Chutkan quickly ruled in favor of the new schedule.
2. New York: State hush money case
The details: 34 charges connected to a 2016 hush money payment.
Why it’s stalled: A jury found Trump guilty on May 30. Sentencing was scheduled for July 11 but was delayed until mid-September so the judge can consider Trump’s request to toss out the verdict based on the Supreme Court’s presidential immunity ruling.
Last week: Merchan had said he would decide by Sept. 6 whether the verdict should be overturned. Merchan wrote in a letter last week that the key ruling will now arrive on Sept. 16. The judge said Trump’s sentencing hearing isn’t changing and — if the verdict stands — is still scheduled for Sept. 18.
3. Florida: Federal classified documents case
The details: Trump used to face 40 federal charges over accusations that he kept top-secret government documents at Mar-a-Lago — his home and private club — and thwarted government demands to return them.
Why it’s stalled: U.S. District Judge Aileen M. Cannon dismissed the entire case on July 15, saying Smith was improperly appointed as special counsel and had no authority to bring the indictment. Smith has vowed to appeal the decision.
This case, too, could reach the Supreme Court. If Smith wins, the trial could be resurrected — although it would be hard for the case to survive if Trump again becomes president.
Last week: Nothing is happening in this case until Smith files his appeal, which is due by Aug. 27 at the U.S. Court of Appeals for the 11th Circuit in Atlanta.
4. Georgia: State case on 2020 election
The details: Trump faces 10 state charges for allegedly trying to undo the election results in that state. Four of his 18 co-defendants have pleaded guilty.
Why it’s stalled: The case is on pause while the Georgia Court of Appeals hears an appeal from Trump and some of his co-defendants seeking to disqualify Fulton County District Attorney Fani T. Willis, the top prosecutor. The defendants argue that Willis improperly spent taxpayer dollars while in a romantic relationship with an attorney she hired to work on the case. That attorney has resigned from his position.
Last week: Willis’s team responded to Trump’s appeal, arguing that the lower court’s opinion should stand. The prosecutors said there is no evidence that Willis violated the defendants’ rights or had any financial conflict of interest.
“They ask this Court to second guess the trial court’s factual conclusions and apply standards of disqualification that no Georgia court has ever authorized or employed,” the prosecutors wrote.
Oral arguments for the appeal are set for Dec. 5.
Question Time
Q. If Trump is elected in November, can his cases still go to trial after Election Day but before Inauguration Day in January?
A. Absolutely. Long-standing Justice Department policy says that officials cannot criminally charge a sitting president. But there’s no policy that says officials cannot prosecute a president-elect who is not yet in office.
We reported last month that Justice Department officials plan to pursue the two federal cases against Trump past Election Day — even if he wins.
Both of the federal trials have been tied up in the appeals courts, and it’s looking like neither of them stand much of a chance of making it to trial before inauguration. But the appeals process can play out until Inauguration Day and beyond.
If Trump is elected, it will be up to his Justice Department to decide whether it wants to continue pursuing any appeals. It’s doubtful that a second Trump administration would argue against Trump’s defense attorneys.
