How can Trump be tried in Washington before the elections?

By early July, the US Supreme Court will issue its highly anticipated decision on the issue of criminal immunity claimed by Donald Trump. Many experts say this timeline rules out the possibility of the former president being tried for post-election conspiracy in Washington before the 2024 presidential election, but Ben Wittes, editor-in-chief of the judicial website Lawfare and a fellow at the Brookings Institution, is not among them.

during interview Granted Tuesday to Bullwark PodcastWaits did not rule out the possibility of starting the trial in late September or earlier. But Judge Tanya Chutkan, in charge of the case, asked, “Will this trial actually be held a month before the elections?” podcast host Tim Miller asked Waits.

“She can legitimately say she is prepared to go to trial in May,” Waits responded. “The reason this trial was postponed is because Trump requested it be suspended and the appeal be filed. At Trump's request, the trial was postponed. I haven't seen any indication from Judge Chutkan that she's not excited about this. »

However, several things must happen for the scenario Waits is talking about to come true. Clearly, the Supreme Court should reject Trump's request for absolute immunity, which does not seem in doubt. A majority of the justices must clearly define in their decision what “official act” justifies the president's criminal immunity and what does not. That majority could be formed by conservative Justices John Roberts and Amy Coney Barrett and the court's three progressive justices, according to Wittes.

In light of this ruling, Special Prosecutor Jack Smith could amend the indictment against Trump to drop “official acts” for which the president could have received criminal immunity. Wittes gives an example of the formality of Trump's efforts to replace the acting attorney general with one of his loyal servants. On the other hand, Trump's invitation to the Georgia Secretary of State to “hunt” for votes would not fall under the category of “official acts” of the president, but rather maneuvers by a candidate to reverse the election result.

Jack Smith must also take into account another Supreme Court decision related to the alleged post-election conspiracy. The case involves Joseph Fischer, a former police officer who is among more than 300 people charged or convicted of obstructing an official proceeding in connection with the attack on the Capitol on January 6, 2021. Depending on the ruling of the nation's highest court in the case, Smith could dismiss two of the four charges. directed against Trump.

According to Wittes, Jack Smith could appear before Judge Chutkan shortly after these Supreme Court decisions with a new indictment and demand that a trial date be set for Trump. The judge has already promised the former president 88 days to prepare his defence.

“We will see if she decides to keep that promise or if she decides to move forward more quickly,” Wittes said. People will be surprised at how quickly things move, assuming they get the green light. »

The scenario proposed by Ben Waits seems unlikely. But if it comes true, you will be less surprised than others. By the way, the Supreme Court will announce its next decisions on Thursday.

Note: In the middle of this blog's second fundraiser of 2024, I took out my thermometer to show where we were on Wednesday morning in terms of our target goal. Needless to say, this day will be crucial, if past experiences are anything to go by. I therefore encourage you not to delay in making your contribution, if you benefit from visiting this blog. And thanks to everyone who has already done this!

(AFP Photo/Getty Images)