On Friday night, U.S. District Judge Tanya Chutkan issued a significant ruling against Donald Trump. It not only reaffirmed the principle that no one is above the law, but on a more practical level, it set the stage for the next possible means of delay in the federal election interference case that’s scheduled for trial in March.
Special counsel Jack Smith had urged Chutkan to rule quickly on two issues in particular: The former president’s (weak) arguments that he has presidential immunity and that double jeopardy (somehow) bars his prosecution because he was acquitted at his second impeachment trial over the Jan. 6 insurrection. Smith called out those claims because they can be appealed pretrial. Since those were among the Trump arguments rejected by Chutkan on Friday, they’re now primed for appeal to the U.S. Court of Appeals for the District of Columbia Circuit and then the U.S. Supreme Court.
The question now is how long this will take.
The question now is how long this will take. A normal appeal that winds its way to the Supreme Court can take at least months to sort out, which, of course, would thwart the March trial date. Obviously, an unlikely appellate ruling in Trump’s favor would moot the trial and the prosecution itself. (Trump has pleaded not guilty.)
But this isn’t a normal appeal, and the courts are equipped to consider these issues on an expedited basis that wouldn’t upset the trial schedule. Knowing that, the former president’s legal team may want to push off launching their appeal “until the very last day,” as MSNBC legal analyst Andrew Weissmann observed:
The timeline to keep the 3/4 trial: As sure as the sun rises, Trump will not file an appeal of Chutkan's POTUS immunity decision until the very last day (he has 14 days) so as to play out the clock. Jack Smith will surely ask for expedited review as briefs are already written.








