Former President Donald Trump’s recent appeal to the Supreme Court, seeking broad presidential immunity, begins with a quote from Yogi Berra: “This application is déjà vu all over again.” His legal team points out that special counsel Jack Smith had previously failed to expedite a decision on the same issue in December. However, another of Berra’s phrases, “It ain’t over till it’s over,” seems to encapsulate Trump’s legal strategy of delay.
On Monday, Trump requested the Supreme Court to temporarily block a US Court of Appeals decision that rejected his claim of presidential immunity from prosecution. The audacious filing argues that it would be unfair to millions of voters if Trump, potentially facing trial for his attempt to overturn the 2020 election, is unable to campaign for the 2024 election.
Trump’s filing, at times, appears frivolous, contrasting sharply with the tightly argued repudiation of his immunity claims by three appeals court judges last week. The coming days will likely determine the timeline for the first of Trump’s four potential criminal trials.
Trump’s latest request comes at a critical juncture. The Supreme Court’s actions in the coming days will likely decide whether this case, one of the most potentially damaging for Trump, will go to a jury before the election. This is not just about accountability for Trump’s attempt to stay in power despite losing the last election to President Joe Biden. It could also influence the future of the White House, as some polls suggest that some Trump voters may not support him if he’s a convicted felon when they go to vote.
Trump’s legal team is attempting to delay the trial, merging Trump’s legal and campaign strategies. The Supreme Court has been asked to put the entire case on hold to allow Trump to pursue his rights as an appellant, a process that could take many weeks or months. However, it is uncertain whether the Supreme Court will agree to take his latest request.
As Trump’s legal battles continue, the stakes are high. The Supreme Court’s decision on whether to grant a stay could determine whether Trump goes on trial before or after the 2024 election. The court could decide to expedite the case, but even then, the long-term odds for success are poor. Trump and Smith are aware that time is short, with a trial threatening to coincide with the heat of the presidential election.
Trump’s legal woes are not limited to this case. He is also involved in a case related to a hush money payment sent to adult film actress Stormy Daniels during his 2016 presidential campaign, a case over his hoarding of secret government documents, and a civil fraud trial targeting the former President, the Trump Organization, and his adult sons. These cases, along with the potential for more legal liabilities, raise the prospect of a challenging period ahead for Trump if he doesn’t win the 2024 election and is unable to use presidential power to halt trials or reverse convictions.