In a whirlwind of legal battles, former President Donald Trump is gearing up for a series of court cases as the new year approaches. His legal team is currently preparing for an immunity appeal set to be argued before the federal appeals court in Washington, D.C. on January 9th. Trump's lawyers argue that he cannot be prosecuted by special counsel Jack Smith for his actions related to the events of January 6th, as he was acting in his official capacity as president to challenge the 2020 election results. Furthermore, they maintain that Trump's acquittal in his impeachment trial prevents him from facing criminal charges.
Trump received a small victory before Christmas when the U.S. Supreme Court declined to hear his case prior to the appeals court's ruling. The special counsel was hoping to expedite the immunity appeal to resume other ongoing legal proceedings, but it appears that Trump will enjoy a delay in his trials for at least the next few weeks, making it unlikely that his trial would commence on March 4th as initially scheduled.
However, Trump still faces a slew of legal challenges heading into 2024. On January 16th, a defamation lawsuit brought by E. Jean Carroll is set to begin unless Trump's legal team successfully manages to secure a delay. Additionally, the hush money case involving Stormy Daniels, initiated by the Manhattan District Attorney, is slated to go to trial in March. The district attorney, Alvin Bragg, has suggested that the trial date might be pushed back.
While Trump deals with his legal troubles, he remains focused on his 2024 campaign. As he faces more legal challenges, his polls indicate an uptick in popularity, driven in part by his aggressive anti-immigration rhetoric and attacks on President Biden and special counsel Jack Smith. With the campaign calendar filling up, Trump's legal team is working to navigate the numerous legal issues that lie ahead.
Trump's rhetoric against prosecutors, judges, courtroom staff, and witnesses has led to two gag orders imposed against him. While his right to free speech is protected, his consistent attacks on various individuals may undermine his defense. However, once inside the courtroom, the jury's focus will be on the evidence presented, and Trump's legal team must shift their attention to his actual legal troubles rather than his public rants.
Furthermore, Trump's claim of presidential immunity is unlikely to hold up before the Federal Appeals Court. Experts argue that once a president is defeated and resorts to allegedly committing crimes in a desperate attempt to maintain power, there is no presidential immunity that would protect them. Trump's defense also relies on a double jeopardy clause argument, which is unlikely to succeed since the Senate trial is a political process distinct from a criminal trial.
As the legal battles loom, Trump may soon file a request with the U.S. Supreme Court to review Colorado's decision disqualifying him from the state's ballot. His legal team believes this decision will be overturned, although some question Trump's continued criticism of the verdict when his advisors support his inclusion on Colorado's ballot.
In the face of these legal challenges, Trump's strategy revolves around politicizing his cases and playing them out in the court of public opinion. His aim is to avoid going to trial and to prolong the legal process until a potential presidency in 2028. As the clock ticks, Trump's legal troubles continue amid a politically charged atmosphere.