The Supreme Court’s agreement to examine former President Donald Trump’s assertion of presidential immunity about the federal election conspiracy case has cast doubt on the possibility of conducting the trial before the next presidential election.
However, according to Neal Katyal, a former acting solicitor general who spoke with Ari Melber on MSNBC, this development does not completely rule out the chance of a timely trial. Katyal outlined potential strategies that special counsel Jack Smith and District Judge Tanya Chutkan might employ to mitigate the delay’s impact.
Katyal suggested that Jack Smith should approach the trial judge with a proposal to reduce the preparation time originally allocated to Donald Trump. Previously, Trump was granted 88 days to prepare for the trial, but given the filing of numerous motions to delay the proceedings, Katyal argues that some of this preparation could commence immediately. By proposing a reduction in the preparation period, the trial could potentially proceed within a shorter timeframe, reported CNN.
“Please give us your thoughts on this big Supreme Court news tonight,” said Melber, himself an attorney.
“In general I’m such a believer in the United States Supreme Court in general as an institution,” said Katyal. “And I have to say I’m gravely concerned about what has happened today. The idea that the U.S. Supreme Court could potentially delay this trial until after an election, when the American people deserve to know what Donald Trump did on January 6th the different actions he took, and how a jury of his peers decided, I’m very concerned that may not happen. What the supreme court did here — they could have expedited more, but to hear this case on April 22nd.”
“I think now two things should be happening,” said Katyal. “One is the court … needs to hear from the American public about how the court needs to decide this case quickly after April 22nd. This is not a hard case, Ari … Donald Trump’s arguments here, I think the technical legal word is ‘absurd,’ and the court shouldn’t take much time in deciding it. If they can decide it quickly by the first or second week of May, this trial can take place.”
Implementing such a measure while the Supreme Court reviews the case could be a strategic move, as it would communicate the adjusted timeline to the Supreme Court. This approach aims to maintain the momentum of the legal process and ensure that the trial could still occur within a reasonable period, despite the challenges posed by the Supreme Court’s decision to review the claim of presidential immunity.
