Trump's Orchestrating the Perfect Legal Turmoil for 2024
Trump's latest move to the Supreme Court reveals his strategic manipulation of the legal system for personal gain in the upcoming 2024 elections
Donald Trump made a bold move on Wednesday by requesting the Supreme Court to stay out of the issue of whether he is immune from federal prosecution for alleged crimes committed while in office. This is seen as his latest attempt to use the legal system to serve his political agenda.
The move reflects Trump's consistent legal strategy in all his criminal cases, aiming to prolong the proceedings, preferably beyond the 2024 election. This decision followed the shocking ruling from the Colorado Supreme Court, barring Trump from the state's primary ballot, which he plans to appeal to the US Supreme Court.
The US Supreme Court is seen in Washington, DC on November 13, 2023.
Mandel Ngan/AFP/Getty Images
Trump asks Supreme Court to reject special counsel and stay out of immunity dispute for now
This means the highest court in the nation will decide next year whether Trump can face prosecution for crimes committed after the 2020 election and if his actions in office could prevent him from being on the 2024 ballot. It's the type of chaos where Trump excels, finding a way to use it to his advantage.
"Former Trump Attorney General Bill Barr, who opposes Trump's 2024 candidacy, told CNN's Jake Tapper that Trump thrives on grievance like a fire thrives on oxygen. Barr commented on the Colorado ruling and its potential to fuel Trump's grievances. Trump's lawyers have asked the Supreme Court to reject special counsel Jack Smith's request to bypass a federal appeals court in the case deciding if Trump, as a president, is immune from charges related to election subversion efforts after his 2020 loss to Joe Biden. This decision could have a significant impact on the former president's legal future."
The timing of the Supreme Court's decision on the immunity question will ultimately dictate whether the case proceeds in March 2024, as per Judge Tanya Chutkan's planned timeline, or if it is pushed closer to or after the November election. This is not the first instance of Trump seeking the Supreme Court's intervention, as he previously sought their assistance in overturning his election loss in 2020, leading to public expressions of displeasure when the lawsuit was promptly dismissed by the justices, three of which he had appointed.
Trumps GOP rivals once again defend him against the legal system
Now Trump, the leading candidate for the GOP nomination, is seeking assistance from the Supreme Court for his 2024 campaign - just weeks before the initial votes are cast in the primary. The simultaneous Trump legal cases put the court - and the nation - in an unprecedented and chaotic position that is bound to provoke the partisans regardless of the court's decision.
The Colorado ruling, with a 4-3 majority, concluded that Trump had committed insurrection and was disqualified from appearing on the state's primary ballot due to the 14th Amendment of the Constitution. This once again overshadowed any other news related to the GOP primary, further limiting the candidates' opportunities to gain ground against the former president. This mirrors the situation that occurred after each of Trump's four indictments, where any efforts by his rivals to attract attention were overshadowed by the gravity of the criminal charges against a former president.
Some of Trump's adversaries exploited the news to question Trump's ability to win an election, but they once again united to support Trump in light of the country's justice system, aligning with Trump's supporters to condemn the Colorado ruling.
Nikki Haley arrives for a town hall event in Agency, Iowa, on December 19.
Christian Monterrosa/AFP/Getty Images
Opinions on the Colorado ruling from Trump's 2024 Republican opponents
Former New Jersey Governor Chris Christie, who previously supported the special counsel's charges against Trump, emphasized that the decision regarding Trump's election should be in the hands of the voters, not the courts.
Biden refrained from commenting on the Colorado ruling specifically on Wednesday, but he did seize the opportunity to accuse Trump of involvement in an insurrection. The president's remarks served as a reminder that the events of 2020 will play a crucial role in any potential Trump-Biden rematch, despite the campaigns' efforts to emphasize other issues.
Upon arriving in Milwaukee on Wednesday, Biden told reporters that it is clear to him that Trump is an insurrectionist. He also mentioned that he will let the court decide on whether the 14th Amendment applies, but emphasized that there is no question that Trump supported an insurrection.
Delaying past November is the ultimate goal
In the event of Trump's loss on the issue of presidential immunity at the Supreme Court, it paves the way for the special counsel's trial on January 6, 2021, to commence in the spring.
Smith requested the Supreme Court to take the case before the federal appeals court in Washington, DC even hears it, in order to avoid extending the federal trial past the scheduled March 4, 2024 date. Trump's legal team is openly aiming to delay the trial and other pending criminal cases until after the 2024 election, where a potential Trump victory could result in a self-pardon.
Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law, pointed out that the opposition from former President Trump's camp is focused on the timing of the Court's review rather than the inevitable resolution of whether he is immune from criminal prosecution. Trump's lawyers expressed outrage at Smith's request to expedite the timeline, accusing the special counsel of seeking a reckless decision from the court.
Trump's attorneys wrote urging the court to bypass regular procedures and rush to decide the issues. They added that the political dispute surrounding the case warrants caution, not haste.
A pivotal role for the Supreme Court in 2024
In Colorado, meanwhile, Trump has until January 4 to appeal the state Supreme Court decision to the US Supreme Court.
Trump's legal team has no plans to file their appeal with the Supreme Court this week, according to two reliable sources. However, once Trump's lawyers do submit their appeal, it will be up to the Supreme Court to address the issue. It is still uncertain whether this will occur before or after the high court hears the case on presidential immunity.
The two cases illustrate the significant role the Supreme Court will undoubtedly have in the 2024 election. One potential outcome is that the court may rule that Trump is immune from prosecution while serving as president, potentially absolving him of certain criminal charges and providing him with more freedom to act as he wishes in a potential second term.
Alternatively, the high court may rule to remove Trump from the ballot, similar to the Colorado Supreme Court's decision, which could influence other states to take similar actions and hinder his chances of winning the presidency.
It is also probable, and even likely, that the court will reach a decision somewhere in the middle. However, every move the high court makes, no matter how minor or procedural, will be closely examined.
Wednesday's actions by Trump indicate that he plans to manipulate the high court, just as he has manipulated the legal system in New York and Washington for many years, bending and blurring the boundaries as a real estate developer and later as president.
