The U.S. Supreme Court’s preliminary calendar for the April 2024 argument session does not provide clarity on whether the justices will address former President Donald Trump’s claim of presidential immunity. Instead, the court is set to consider an appeal from a January 6th, 2021 protester seeking dismissal of a charge related to obstructing an official congressional proceeding, a charge also faced by Trump.
It has been ten days since Trump appealed a lower court’s ruling that he is now considered a private citizen and eligible for prosecution in two separate federal cases. In both cases, Trump has maintained his innocence, arguing that his actions during the Capitol riots on January 6th, 2021, and the handling of classified documents at Mar-a-Lago were protected under his authority as a former president. Even if the Supreme Court decides not to hear the case, Trump’s legal team has the option to make procedural moves to delay the start date of his federal case into May.
In addition to the question of presidential immunity, Trump may benefit from the Supreme Court’s consideration of a January 6th obstruction charge on April 16th. U.S. District Judge Carl Nichols had previously dismissed the obstruction charge against protester Joseph Fischer, arguing that obstruction was meant for evidence tampering rather than entering a federal building. However, the U.S. Court of Appeals for the District of Columbia Circuit overturned this decision.
The argument that Trump’s calls for protests on January 6th constitute protected speech and do not amount to obstruction of Congress could also work in his favor.
While both of Trump’s federal cases are on hold, a New York judge, Juan Merchan, has set a March 25th start date for Trump’s state trial, initiated by Manhattan District Attorney Alvin Bragg. In this case, Trump faces charges of falsifying business records related to a payment to an adult film star to suppress rumors of an affair before the 2016 presidential election.
Trump’s legal strategy appears to involve delaying his criminal trials, with the possibility of dismissing federal cases if he wins in November. Challenges also arise in Georgia, where Fulton County prosecutor Fani Willis is facing controversies related to her hiring of a romantic partner, and a state judge is considering whether to disqualify her from the case against Trump. Investigations by the Georgia legislature and U.S. House further threaten delays in bringing the case to trial.
Trump has openly expressed his intention to prolong his criminal trials, and the Justice Department’s unwritten policy of pausing politically sensitive cases 60 days before a major election adds another dimension to the legal timeline.
