Former President Donald J. Trump is seeking to challenge the March 4 start date for his federal trial over his efforts to overturn the 2020 election. Trump immediately vowed to appeal the judge’s decision to schedule the trial the day before Super Tuesday, raising questions about how he could try to push back the timing of the case. While legal experts say Trump cannot disrupt the trial in this way, there is a longer-shot possibility for him to challenge the trial date.
The March 4 date is particularly awkward for Trump as it falls in the middle of an already packed calendar for him. He faces an array of criminal cases and civil lawsuits as he seeks the 2024 Republican presidential nomination. Additionally, the day after the trial would begin is Super Tuesday, when voters in over a dozen states will cast their primary votes. This could result in negative headlines and limit Trump’s ability to travel and hold rallies for subsequent primaries.
Trial calendars are typically not subject to appeal, but there are complexities in this case. Trump’s lawyer, John Lauro, could file a motion asking the judge to reconsider the timing, arguing that March 4 does not give the defense enough time to adequately prepare. However, if the judge declines to change the date, decisions by a Federal District Court judge over a trial calendar are not usually considered subject to immediate appeal. An appeal raising the issue must wait until after the trial, if a claimed problem can be remedied by later overturning any guilty verdict.
However, Trump has another option to ask a higher court to review the calendar before the trial starts. This option is called a petition for a writ of mandamus, which functions as an early appeal. It is reserved for extraordinary situations where a judge has made a mistake that will cause irreparable harm to the defendant. While a mandamus petition is likely to be denied, legal experts say, it is possible for Trump’s defense team to file one to the Court of Appeals for the District of Columbia Circuit or even directly to the Supreme Court.
The success of a mandamus petition is uncertain, as higher courts are reluctant to disrupt the ordinary judicial process. The objection raised by Trump’s lawyer, that March 4 does not give enough time to prepare, would likely fall short as a reason for a higher court to intervene early. However, if Trump’s team also raises an objection that the trial date interferes with the election, there is a stronger argument for a claim of irreparable harm. Various primaries will be over by the time of a verdict, and the effect of the trial date on the election is an unprecedented question that the law does not
How likely is it for former President Trump to successfully challenge the date of his federal trial and what legal avenues could he pursue to contest its commencement
Former President Donald J. Trump is looking to contest the commencement of his federal trial concerning his actions to overturn the 2020 election, which is scheduled to take place on March 4. Trump has expressed his intention to appeal the judge’s decision to set the trial date just a day before Super Tuesday, raising concerns about potential efforts to delay the trial. While legal experts believe Trump cannot obstruct the trial with such tactics, there is a remote possibility for him to challenge the selected date.
For Trump, the March 4 date presents particular challenges as it coincides with an already busy schedule. In addition to seeking the 2024 Republican presidential nomination, he faces various criminal cases and civil lawsuits. Furthermore, the trial’s commencement the day before Super Tuesday adds another layer of complexity, as voters in more than a dozen states will be casting their primary votes. This dynamic could have implications for the trial and its timing.
I’m really curious to see how this trial unfolds and what challenges Trump’s legal team comes up with.
I wouldn’t be surprised if they try to delay the trial as much as possible.