Two significant events occurred this week that will likely benefit former President Trump in multiple legal proceedings. Two of his criminal trials relating to an alleged election subversion conspiracy and the alleged mishandling of classified documents have been delayed indefinitely or at least until 2025. This is good news for the Trump defense team, which has repeatedly attempted to delay proceedings on all legal matters.
Georgia Case Delay
In Georgia, the Court of Appeals has put a hold on the election subversion conspiracy case, delaying it indefinitely. At the same time, the court considers whether Fulton County District Attorney Fani Willis should be disqualified from prosecuting the case based on conflicts of interest.
Florida Case Delay
The second significant delay came from Florida, where Judge Aileen Cannon presided over Trump’s classified documents case. Judge Cannon has frustrated prosecutors with her meticulous and often slow evaluation of pretrial matters. Cannon has scheduled extensive court arguments and delayed resolution of various outstanding legal matters, pushing the pending trial out indefinitely.
Court Schedule Overhaul
The result of both of these legal maneuvers has been to push resolutions on the charges significantly past the date that voters will submit their ballots in November’s presidential election. This is expected to benefit Trump, as he will be able to focus on the Presidential campaign and continue to obscure his legal challenges to the public.
Unusual Hearing Plans
In Florida’s case involving Trump’s alleged criminal mishandling of classified documents, Judge Cannon will hear a challenge initiated by the Trump defense team to invalidate the appointment of special counsel Jack Smith. The case and charges against Trump will be dismissed if the court invalidates Smith’s authority.
New Additions to the Case
The case considering the authority and valid appointment of Smith as special counsel will involve hearing arguments by political figures and constitutional scholars.
Additional Hearings
Another hearing that must be resolved before a Trump trial in the classified documents case involves prosecutors’ request for a gag order against Trump to limit his ability to speak publicly on law enforcement. Additionally, Trump’s team has motioned to discard evidence gathered from Trump’s property by the FBI. Judge Cannon will also consider this legal question at pretrial. Together, all of these significant legal questions will push the trial far into the future.
Precedent-Setting Moves
The legal community sees Cannon as making precedential decisions in the Florida case because she is interested in considering the challenges to special counsel Jack Smith and hearing arguments from third-party groups such as constitutional scholars and political actors.
Calendar Shuffling
While Cannon is adding hearings for the court to consider, she has not set dates on the calendar, which raises questions about whether the case will be resolved promptly. Granted, the subjects are heavily specific to obscure matters related to the Constitution and national security.
Legal Wins for Trump
The long delay of a future trial in Florida is especially significant when paired with a similar delay in Georgia, where the election subversion case is also at a standstill pending consideration of the prosecutor’s fitness.
Delay in Proceedings
Turning to Georgia, the state Court of Appeals agreed to consider whether District Attorney Fani Willis is qualified to prosecute the case. Earlier this year, Trump’s lawyers claimed that Willis should be disqualified due to a romantic relationship with Nathan Wade, a special prosecutor in the case.
Expected Ruling Timeline
Trump’s legal proceedings will not move forward until the panel of judges rules on whether or not Willis should be removed from the case. The timeline for the panel of judges on the Georgia Court of Appeals to rule on the disqualification issue puts estimates for a decision close to March 2025. Only after that ruling can Trump’s prosecution continue.
Initial Proceedings and Current Status
Earlier this year, Superior Court Judge Scott McAfee allowed the legal proceedings to continue while the Court of Appeals considered Willis’s disqualification. The Court of Appeals issued a stay on the proceedings until it fully considered the matter.
Allegations and Judge’s Decision
In March, during a mini-trial on the matter, Judge McAfee ruled that Willis could continue prosecuting the case if Wade stepped down. Judge McAfee did not find sufficient evidence that Willis had financially benefited from her relationship with the special prosecutor.
Defense’s Response
Trump’s leading defense attorney praised the ruling by the Court of Appeals. The delays in two concurrent proceedings are a huge boon to the Trump campaign, as only his sentencing hearing for the New York criminal trial stands between him and the November election at this time.
