Legal Expert Warns Trump’s Classified Documents Trial Delay Could Lead to Unintended Results for Former President

The judge presiding over Donald Trump’s trial involving classified documents may unintentionally influence the timing of the former president’s trial for obstructing the 2020 election, according to a legal expert.

Potential Delay

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Glenn Kirschner, a former federal prosecutor and vocal critic of Trump, suggested that Judge Aileen Cannon might delay the start of Trump’s trial during a March 1 discussion. 

Trial Date

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Trump faces 40 federal charges and has pleaded not guilty, with the trial currently set for May 20.

Bias Rulings

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Critics argue that Judge Cannon, appointed by Trump, has shown bias in her rulings, potentially delaying the trial’s start. 

Delaying Tactics

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The anticipated 2024 Republican presidential nominee, Trump, and his legal team have been accused of employing various tactics to postpone the commencement of the federal trial until after the November election. 

Tactical Move

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This strategy is designed to give Trump the opportunity, if he wins the race, to potentially request the Department of Justice to drop the case upon assuming office.

Trial on Same Dates

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In a conversation with MSNBC, Kirschner mentioned that if Judge Cannon decides to postpone the classified documents trial scheduled for May 20, the judge presiding over the federal case involving Trump’s alleged attempts to overturn the 2020 election results unlawfully could potentially set the trial to commence on that same date.

Pause granted

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Judge Tanya Chutkan granted a pause in the federal election trial, where Trump denies four charges, as he contends the case should be dismissed, citing immunity from prosecution due to its connection to his tenure in the White House.

Immunity Claim Dismissed

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On February 6, a Washington, D.C., appeals court dismissed Trump’s argument for presidential immunity in his federal interference trial. 

Trump Can Stand Trial

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The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled that the former president can stand trial for allegedly scheming to overturn the 2020 election results. This trial is one of four legal battles Trump faces as he eyes a return to the White House in 2024.

“Unbounded Authority to Commit Crimes” 

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The judges dismissed the notion that a president possesses “unbounded authority to commit crimes,” affirming the importance of recognizing election results and upholding citizens’ voting rights.

Presidency Not Above the Law

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The Judgment stated, “We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.”

Supreme Court’s Decision

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Trump appealed to the Supreme Court, awaiting a decision that could impact the immunity argument, possibly by Wednesday. 

Months-long Delays

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The highest court may opt to hear the case, leading to potential months-long delays. Alternatively, it could uphold the Washington, D.C., appeals court’s rejection of Trump’s immunity claim, prompting a return to Judge Chutkan for pre-trial proceedings.

Trial Date Anticipation

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Kirschner noted that despite anticipations of Donald Trump and his legal team pushing for Judge Canon’s postponement of the May 20 trial date, he somewhat hopes for the trial date to be deferred.

If Supreme Court Denies Claims?

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He said, ” If the Supreme Court denies the stay and the absolute immunity issue and returns the case to Tanya Chutkan in the election interference case, I would love to see her take that case and drop it on the docket for May 20 if Judge Cannon kicks the May 20 date down in Florida.”

Ongoing Immunity Appeal

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Due to the ongoing immunity appeal, Chutkan postponed the election interference trial from its initial March 4 date. 

Preparation Window Clarification

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She clarified that this delay period won’t be considered part of the seven-month preparation window she granted to Trump’s legal team, starting from the unsealing of the indictment last August.

Possible Result

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In December 2023, Chutkan put the case on hold. If the Supreme Court doesn’t address Trump’s immunity appeal this week and the case proceeds, the seven-month timeframe would conclude, possibly resulting in a trial in May.

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