Supreme Court Hands Donald Trump a Lifeline

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The U.S. Supreme Court has said it will hear an appeal against Capitol riot obstruction charges brought against more than 300 people, including Donald Trump, in a move that could delay the former president's federal trial.

A four-count federal indictment brought against the Republican by Special Counsel Jack Smith accuses him of working to overturn the results of the 2020 election.

Trump and others have been accused of obstruction of an official proceeding by attempting to disrupt Congress' certification of Joe Biden's 2020 election victory on January 6, 2021, when supporters of the former president violently stormed the Capitol to protest the results.

Trump is also charged with conspiracy to obstruct an official proceeding. He has pleaded not guilty to the charges and has repeatedly denied all wrongdoing.

The trial is currently scheduled to begin on March 4, but with the Supreme Court to hear arguments in March or April, and a decision expected by early summer, the start date may be delayed.

If the former president's trials are delayed until after the November 2024 election and Trump wins, he can order the Department of Justice to dismiss the charges.

Trump
Donald Trump on December 16, 2023, in Durham, New Hampshire. The Supreme Court will hear an appeal that could delay the former president's federal trial. Photo by Scott Eisen/Getty Images

Newsweek has contacted representatives for Trump by email for comment.

Justices are separately considering a request by Smith to rule quickly on Trump's claim he had presidential immunity, meaning he cannot be prosecuted for actions taken while in the White House.

D.C. District Judge Tanya Chutkan rejected the motion to dismiss the case in December and Trump's appeal is awaiting a decision in an appellate court. Legal experts have said this is an effort to stop Trump's lawyers from deliberately delaying his trial.

In a third interaction with the Republican, Trump's team has asked the Supreme Court to consider an appeal over a 4-3 decision by the Colorado Supreme Court, ruling that the former president violated the 14th Amendment.

The clause bars public officials from holding federal office if they have engaged in "insurrection," and the case focuses on his behavior at the time of the Capitol riot. If they rule in his favor, it will reverse the Colorado court's decision to bar the former president from the state's primary ballot.

The federal indictment is one of four criminal cases against Trump and one of two specifically surrounding his alleged actions around the 2020 election.

Another is related to his alleged mishandling of classified documents that he retained when he left the White House, and one involves charges that hush money was paid to adult film star Stormy Daniels. Trump has denied any wrongdoing in all of the cases.

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About the writer

Kate Plummer is a Newsweek reporter based in London, U.K. Her focus is on U.S. politics and national affairs, and she is particularly interested in the impact of social policy decisions on people as well as the finances of political campaigns, corruption, foreign policy, democratic processes and more. Prior to joining Newsweek, she covered U.K. politics extensively. Kate joined Newsweek in 2023 from The Independent and has also been published in multiple publications including The Times and the Daily Mail. She has a B.A. in History from the University of Oxford and an M.A. in Magazine Journalism from City, University of London.

Languages: English.

You can get in touch with Kate by emailing k.plummer@newsweek.com, or by following her on X at @kateeplummer.


Kate Plummer is a Newsweek reporter based in London, U.K. Her focus is on U.S. politics and national affairs, and ... Read more