The delaying tactic won out even if Donald Trump’s immunity appeal was unsuccessful

Daily News Latest
3 min readFeb 7, 2024


Even though Donald Trump lost in court, he still managed to score a hefty triumph.

The president can still face criminal charges for his actions as president, according to an appeals court ruling. The federal trial of Mr. Trump in connection with the assault on the US Capitol on January 6, 2021, has been postponed indefinitely because to the time it took to make that decision.

The preliminary start date of March 4th in Washington DC has been withdrawn from the federal court’s calendar, even though Mr. Trump failed to properly demonstrate broad new presidential powers to act unlawfully while in office.

And when it might return is anyone’s guess.

According to Neama Rahmani, a former federal prosecutor, this aligns with the former president’s strategy of intentionally hindering the judicial process whenever possible.

“It’s in Trump’s interest to delay the case until after the November election,” said Mr. Rahmani. “If he wins control of the White House, a sitting president can’t be prosecuted.”

The legal team representing Mr. Trump now has options if postponement is the desired outcome.

They may ask the whole eleven-judge DC Circuit Court of Appeals to look into it again. To make matters worse, six out of the eight remaining judges would have to agree with that ruling, and they rarely grant requests like that, so it’s quite doubtful that it would succeed.

In the meantime, the appeals court has decided that the lawsuit that was started on January 6th can continue while this motion is being reviewed. So as to not cause any further holdups, maybe.

However, Mr. Trump does have alternative choices.

He has the option of appealing to the Supreme Court, which must choose if it will hear the case or uphold the lower court’s ruling. Additionally, they have the option to postpone the trial scheduled for January 6th until further notice.

Given that the appeals court has granted the Trump legal team until 12 February to formulate its motion to the Supreme Court, it seems to be the most probable course of action.

There are further chances for the trial to be postponed or resumed at that point.

The election interference case might go back to its regular schedule if the Supreme Court declines to consider it. However, if it does so, it will almost certainly mean that the trial will be held on or around election day, at the latest.

This possibility may cause the trial’s presiding judge, Tanya Chutkan, to put the matter on hold until the November election.

Georgetown University constitutional law professor David Super predicted that the Supreme Court will reject the former president’s claims based on American legal tradition and previous decisions.

“Under Mr Trump’s view, US presidents’ legal status would differ little functionally from that of monarchs,” the BBC reported him as saying.

However, considering the subsequent holdup, the former president would consider a loss at the Supreme Court as yet another victory. If he can combine that with an electoral victory in November, his federal legal worries could be resolved with a single stroke of the pen.

It would be a remarkable move for him to pardon himself after taking office, or he might instruct his nominees to the Justice Department to dismiss the charges.

Start to finish, it would be the most spectacular way for Mr. Trump to end his first term. The fact that the outgoing president would be taking the oath of office on the Capitol steps — the very spot where his followers had rioted four years prior over his loss — would be extraordinary in and of itself.