Former U.S. attorney Joyce Vance said on Monday there is no possibility of former President Donald Trump’s Washington, D.C., trial taking place before the November election.
Trump faces four felony counts pertaining to alleged efforts to overturn the 2020 election, with District Court Judge Tanya Chutkan canceling the initially scheduled March trial date while the former president’s immunity appeal was still pending. Vance, on “Morning Joe,” said the Supreme Court’s ruling on Trump’s appeal guarantees that the former president’s trial will not occur ahead of the election.
WATCH:
Former US Attorney Tells MSNBC ‘There’s Absolutely No Chance’ Trump’s DC Trial Happens Before Election pic.twitter.com/JWE4Z6daAb
— Daily Caller (@DailyCaller) August 5, 2024
“There’s absolutely no chance this one is getting to trial, Jonathan,” Vance told host Jonathan Lemire. “And that’s because the way the Supreme Court structured this decision, Judge Chutkan will make her rulings and if she permits any of the charges to go forward, any of the allegations in the indictment to remain in place, indicates that the government can use any of this evidence, despite Trump’s claims that it’s all now cloaked in presidential immunity, there will be a round two appeal. Because the way immunity works, and the Supreme Court makes this clear, is the whole point of having immunity is you shouldn’t have to stand trial for charges that you have immunity from.”
“So Trump will inevitably take objection to anything that she permits to move forward … This case will not happen quickly,” she added.
The Supreme Court found in July that presidents have immunity from criminal prosecution for “official acts” taken in office.
“Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” the court held in a 6-3 ruling. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.”
Chutkan on Saturday rejected Trump’s motion to dismiss the case due to “vindictive” prosecution, according to court documents. The judge also set an August 16 hearing on how to proceed with the case.
Trump’s criminal case in Georgia is also not anticipated to proceed to trial before the election due to its pause pending the appeal of the defendants’ bid to disqualify Fulton County District Attorney Fani Willis from the case.
CNN senior legal analyst Elie Honig said in June that the Georgia case may never proceed and definitely won’t before 2025.
“There’s no way this case gets tried before the end of 2024, may not get tried even if Donald Trump and the other defendants win on this appeal,” he said.
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