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A delay to the start date of Donald Trump's federal trial in Washington, D.C. may disrupt his trial schedule, meaning his hush money case could be heard first.
Trump is facing four criminal indictments and a total of 91 felony charges. One is a federal case brought by special counsel Jack Smith alleging he worked to overturn the results of the 2020 election, won by President Joe Biden. He has been charged with conspiring to defraud the United States, conspiring to obstruct an official proceeding, obstructing a congressional proceeding and conspiracy against rights.
Another regards allegedly falsifying business records over hush money payments to former adult film star Stormy Daniels to keep an alleged affair secret in the weeks before his 2016 election. Prosecutors led by Manhattan District Attorney Alvin Bragg allege the payments were part of a scheme to stop potentially damaging stories about the Republican from becoming public. Trump, the frontrunner for the 2024 Republican presidential nomination, has denied any wrongdoing in all of his cases.
The Washington case is scheduled for trial on March 4, while the hush money trial is billed for March 25. But writing for MSNBC, Laurence H. Tribe, University Professor of Constitutional Law Emeritus at Harvard University, and Dennis Aftergut, a former federal prosecutor, said potential delays could mean the hush money trial goes first.
This is because Trump has moved to dismiss the indictment, citing what Trump's lawyers claim is his "absolute immunity" from prosecution for actions taken while serving as president.
The judge overseeing the case, D.C. District Judge Tanya Chutkan, rejected the motion to dismiss the case in December. While Trump's appeal is awaiting a decision in an appellate court, the Supreme Court has agreed to consider a request from Smith, that it decide the case, bypassing the federal appeals court.
It is seen as a strategy on the part of the Republican's lawyers. 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.
Tribe and Aftergut wrote: "It's possible that Trump's appeals in the D.C. case won't be resolved before March 25, when Manhattan District Attorney Alvin Bragg's prosecution is set for trial."
Also causing a potential delay to Trump's Washington trial date is the Supreme Court agreeing to hear an appeal against Capitol riot obstruction charges as part of the indictment. The Supreme Court is to hear arguments in March or April, and a decision is expected by early summer.
Newsweek has contacted representatives for Trump by email to comment on this story.
Impeachment — Andrew Johnson:
Before Bill Clinton in 1998, and Donald Trump twice, in 2019 and 2021, the only other U.S. president to be impeached was Andrew Johnson back in 1868.
Impeachment — Andrew Johnson and Reconstruction:
Vice President Johnson became president after Abraham Lincoln was assassinated in 1865. Johnson clashed with Congress over Reconstruction, the process of giving rights to former slaves after the Civil War. Johnson, a Democrat, vetoed Reconstruction legislation that the Republican-controlled Congress wanted to enact.
Impeachment — How Andrew Johnson remained in office:
The main impeachment charge against him was based on an act that restricted the president's power to remove certain officials without Senate approval. Congress passed the law to prevent Johnson from firing Lincoln-appointed pro-Reconstruction officials, and he defied it by sacking the Secretary of War. Johnson was impeached but not removed from office as his Senate trial fell one vote short of the number needed for a conviction.
Speaking to Newsweek, Matthew Mangino, the former district attorney of Lawrence County, Pennsylvania, said: "Donald Trump and his team are doing everything they can to delay. The appeal based on immunity and First Amendment have no merit, the strategy is to delay Jack Smith's case beyond the election.
"The hush money prosecution is a strong fall back. It is ironic that he used hush money to keep the public from knowing about his affair with a porn star and his appeal is an effort to keep the public from knowing his role in Jan. 6th insurrection.
"It is always about the 'cover up' with Donald Trump and his team."
Update 12/21/23, 9:24 a.m. ET: This article has been updated with comment from Matthew Mangino.
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 ... Read more