Trump may attempt to postpone March 4 trial to avoid campaign disruption.
Former President Trump’s Election Subversion Trial Date Set for March 4
U.S. District Judge Tanya Chutkan has scheduled a court date for former President Donald Trump’s federal 2020 election subversion trial. The trial is set to take place on March 4, which happens to be the day before Super Tuesday, when 15 state primaries and caucuses are held.
Despite trial schedules not being subject to appeal, Trump has expressed his intention to appeal this decision. Taking to Truth Social, he vowed to challenge the trial calendar, calling the judge biased and accusing the government of corruption.
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Legal experts, however, argue that the trial schedule itself does not provide sufficient grounds for a preverdict appeal. Trump’s lawyer, John Lauro, has stated that they will adhere to the judge’s scheduling.
While there may not be a clear basis for appeal in scheduling matters, legal experts have outlined a couple of ways Trump could address the trial date:
Motion for Reconsideration
Trump’s legal team could file a motion for Judge Chutkan to reconsider her decision, citing the need for additional time to adequately prepare for the trial. They had initially requested a trial date in the spring of 2026, arguing that the extensive discovery evidence warranted such a timeframe.
However, it is important to note that a judge’s decision on scheduling and any subsequent motion to reconsider are typically not grounds for an appeal.
Nevertheless, this argument from Trump’s team could potentially lay the groundwork for an appeal following a guilty verdict. They may claim that the trial’s scheduling violated Trump’s right to proper legal representation, as they did not have sufficient time to prepare. Trump’s lawyer, Lauro, has already made this argument, emphasizing that a March 4 trial would deny Trump effective assistance of counsel.
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Writ of Mandamus
A writ of mandamus, which is not an appeal, is an order from a higher judicial entity to a lower court, mandating certain actions or confining the court to lawful exercise. This extraordinary remedy is typically reserved for exceptional circumstances of peculiar emergency or public importance, according to the Department of Justice.
In the case of alleged significant harm to the defendant caused by a judge’s mistake, a writ of mandamus can be filed to prompt a review of the judge’s actions. It is similar to an adversary proceeding, where a neutral third party resolves a dispute.
To pursue this pretrial appeal, Trump’s legal team could file a mandamus petition with either the Court of Appeals for the District of Columbia Circuit or the Supreme Court. It is worth noting that Trump has appointed three conservative justices to the Supreme Court.
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