Trump's strategy to delay business before the election is working | Donald Trump trial

Despite a dismal few days in the courtroom, Donald Trump scored two important legal victories this week with separate rulings that make it almost certain that two of the criminal trials pending against him will take place after the 2024 election.

As planned for months, U.S. District Judge Aileen Cannon on Tuesday canceled a May 20 trial date that had been set in South Florida over the former president's handling of classified documents. The delay was almost entirely attributable to Cannon, a Trump appointee, who admitted outlandish legal arguments in the case and let preliminary legal questions pile up on his role to the point that a May trial was unheard of. no longer a possibility.

On Thursday, the Georgia Court of Appeals announced that it would hear a request from Trump to determine whether Fani Willis, the Fulton County prosecutor, should be removed from the election interference case against him because of his relations with another prosecutor. The move means both that Trump will continue to undermine Willis' credibility and drag out the case. There will be no trial until 2025, tweeted Anthony Michael Kreis, a law professor at Georgia State University who is closely following the case.

It also appears unlikely that the third case pending against Trump, a federal election interference case in Washington, will go to trial before the election. The U.S. Supreme Court last month heard oral arguments on whether Trump had immunity from lawsuits and appeared unlikely to resolve the issue quickly enough to allow the case to move forward before the election .

The decisions mean voters won't get a chance to see Trump held accountable for possible criminal conduct during his final term before deciding whether to grant him another term. (Trump is currently in the middle of a criminal trial in Manhattan over allegations that he falsified business records to conceal secret payments to Stormy Daniels, but that happened before his presidency, during the 2016 campaign .)

These developments justify a pillar of Trump's legal strategy. Facing four separate criminal cases, his lawyers have sought to use every possible opportunity to delay the cases, hoping he wins the election in November. If he returned to the White House, he would drop the two federal cases against him (he has said he would appoint an attorney general who would fire Jack Smith, the Justice Department's special prosecutor). It is unclear whether Fani Willis, the Fulton County prosecutor, could pursue criminal charges against a sitting president.

In all likelihood, Trump's election would end the prosecution of him in Georgia. There is broad consensus among legal scholars that a sitting president cannot be tried for crimes. This, however, is an untested constitutional theory, which Fani Willis will likely challenge, Kreis said. If I had to bet, if Trump won in November, his Fulton County co-defendants would be tried in mid-2025 and Trump would be tried alone after his second term ends.

Even though Trump managed to secure delays in three of the cases against him, Manhattan prosecutors this week continued to move forward by presenting evidence as to why he should be convicted of 34 counts of falsifying business records. Testimony from key accounting employees at the Trump Organization helped link Trump to the amounts paid to Michael Cohen. Stormy Daniels, the adult film star who claims to have had an affair with Trump in 2006, also testified in detail about the incident, angering Trump and bringing one of the most embarrassing episodes back to the center of public discourse.

Trump's lawyers objected to the testimony and called for a mistrial, saying the lurid details disclosed by Daniels had prejudiced jurors against the defendants. Judge Juan Merchan denied that request, but still acknowledged that jurors heard information they should not have.

Although Trump was likely to use the episode as part of a possible appeal, experts doubted he would succeed.

Skirmishes like this happen all the time, and defense attorneys seek a mistrial in many, if not most, criminal trials. “I don't think it's close to causing a mistrial and I don't think it would end up being a major issue on appeal,” said Rebecca Roiphe, a former prosecutor in the Manhattan District Attorneys' Office. who now teaches at New York Law School.

The details of the sexual relationship are relevant because they explain why Trump would want to suppress his story. The judge attempted to limit any prejudicial effects by asking the witness to be less colorful in his description. She did not comply with this until she was repeatedly warned, but this hardly appears to be a cause for concern on appeal.

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