The judiciary will function during a government shutdown as the GOP aims to stop Trump trials.
Trump and Hunter Biden Criminal Proceedings Unlikely to Face Delay Despite Potential Government Shutdown
Former President Donald Trump’s and Hunter Biden’s criminal proceedings are expected to proceed without significant delay even if the government shuts down next month. Efforts by House Republicans to hinder special counsel Jack Smith are unlikely to be successful.
The Republican-led House of Representatives and the Democratic-controlled Senate have until Sept. 30 to pass spending legislation and avoid a shutdown. However, even if funding lapses, the judiciary can utilize court fees and other available funds to continue hearing cases, according to a spokesperson for the Administrative Office of the U.S. Courts.
“As they have during prior appropriations lapses, the courts and federal defender’s offices are conserving available funds by deferring non-mission critical expenses, such as new hires, non-case-related travel, and certain contracts,” the administrative office spokesperson said.
Trump’s indictments in New York and Georgia will not be affected, and his federal indictments related to mishandling classified materials and subverting the 2020 election are considered criminal matters exempt from the impacts of a shutdown.
During a shutdown, the Department of Justice clarified in a 2021 memo that “Criminal litigation will continue without interruption as an activity essential to the safety of human life and the protection of property.”
Law professor Aram Gavoor believes that unless there is an exceptionally long shutdown, there will not be a significant impact on Trump’s cases. Some minor delays may occur due to rescheduling or furloughed lawyers from the executive branch.
Hunter Biden’s criminal proceedings are also expected to proceed without delay. His counsel and prosecutors are currently determining whether he will appear in person or via video feed for his arraignment on gun charges.
There has been disagreement among House Republicans regarding the impact of a shutdown on special counsels within the DOJ. Rep. Matt Gaetz expressed concerns that a continuing resolution proposed by Rep. Byron Donalds would allow special counsel Jack Smith to continue prosecuting Trump. However, special counsels are typically exempted from shutdowns.
The Judicial Conference, the policymaking body for federal courts, remains focused on securing overall funding for the next fiscal year. A shutdown is a consistent concern, according to Judge Lavenski Smith of the U.S. Court of Appeals for the 8th Circuit.
The Supreme Court is scheduled to begin its term in October and has relied on funds not appropriated by Congress in the past to continue operations during a shutdown.
How does the Antideficiency Act allow for the continuation of essential activities during a government shutdown?
Tinuing to operate to the greatest extent possible under the Antideficiency Act, which allows for the continuation of essential activities,” the spokesperson said.
This means that ongoing criminal proceedings, including Trump and Hunter Biden’s cases, are expected to continue unaffected even if there is a government shutdown. Both of these high-profile cases have attracted significant attention and are politically charged, making it essential for a swift and fair resolution.
Donald Trump is facing several investigations and legal battles. One of the most prominent cases is the investigation led by special counsel Jack Smith, who is examining potential obstruction of justice and other possible crimes involving the 2016 presidential election. The investigation has been ongoing for several years, and any delay in the proceedings could impact the pursuit of justice and the truth.
At the same time, Hunter Biden, son of President Joe Biden, is facing scrutiny over his business dealings and foreign financial transactions. The allegations against Hunter Biden have been a subject of political controversy, with Republicans accusing him of wrongdoing and Democrats claiming it is politically motivated. The ongoing investigation into his activities needs to be carried out impartially and without unnecessary delay to determine the truth and ensure justice is served.
Despite efforts by some House Republicans to hinder special counsel Jack Smith’s investigation, it is unlikely they will be successful. The independence of the special counsel’s office is crucial to maintain the integrity of the investigation and protect it from political interference. The judiciary, which has the authority to continue proceedings through alternative funding sources during a government shutdown, is expected to ensure that these cases are not unduly impacted by political maneuvering.
It is important to emphasize that justice should not be delayed or obstructed for political gain. Both the Trump and Hunter Biden cases should proceed without undue interruption, allowing for a transparent and fair legal process. Any attempt to interfere with these proceedings runs counter to the principles of justice and fairness that should guide our legal system.
Moreover, the potential government shutdown should not be an excuse to hinder ongoing legal proceedings. The judiciary has the responsibility to continue its essential activities even in the absence of regular funding. Court fees and other available funds can be utilized to ensure the continuation of criminal cases, protecting the rights of all parties involved.
In conclusion, the criminal proceedings involving former President Donald Trump and Hunter Biden are unlikely to face significant delay, even if a government shutdown occurs. Efforts by House Republicans to hinder special counsel Jack Smith’s investigation are not expected to be successful. It is imperative that these cases proceed without interruption, allowing for a fair and transparent legal process. The judiciary has the authority to utilize alternative funding sources to ensure the continuation of essential activities, including ongoing criminal proceedings. Justice should not be obstructed or delayed for political gain, and the integrity of these cases should be upheld.
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