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The Trump Cases


TRUMP D.C. TRIAL DROPS OFF COURT’S MARCH CALENDAR, CLEARING WAY FOR N.Y. CASE


ADMINISTRATIVE MOVE COMES AS ANTICIPATION MOUNTS OVER HOW — AND WHEN — AN
APPEALS COURT WILL DECIDE FORMER PRESIDENT’S CLAIM OF IMMUNITY FROM CRIMINAL
PROSECUTION

By Spencer S. Hsu
and 
Rachel Weiner
February 1, 2024 at 7:03 p.m. EST

Former president Donald Trump arrives for his court appearance in New York.
(Jabin Botsford/The Washington Post)

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Former president Donald Trump’s March 4 trial date on charges of plotting to
overturn the results of the 2020 election has been dropped from the public
calendar of the federal court in Washington, a sign of what has long been
anticipated — that his claim of presidential immunity from criminal prosecution
would delay his trial while it remains on appeal.



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The change did not appear on the official criminal case docket before U.S.
District Judge Tanya S. Chutkan, who has made clear since Trump filed his appeal
on Dec. 7 that all trial deadlines would be suspended while he challenges the
case. On appeal, Trump is arguing that the government does not have authority
under the Constitution to bring charges against him for actions he took while
president after the 2020 election through the Jan. 6, 2021, Capitol attack, when
he attempted to prevent Congress from confirming Joe Biden’s election victory.

A delay in the D.C. case makes it increasingly likely that the first of Trump’s
four criminal trials could be held this spring in Manhattan on New York state
charges of business fraud in connection with hush money payments during the 2016
election. That trial has nominally been set for March 25, but the court in that
case has signaled deference to Trump’s federal election subversion case. New
York Supreme Court Justice Juan Merchan has scheduled a pretrial hearing in two
weeks — Feb. 15 — and is expected to decide after that if the trial will go
forward as planned.

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As of at least Thursday, the March 4 trial date was dropped from a
date-searchable calendar on the public website of the U.S. District Court for
the District of Columbia. It was not immediately clear when it was removed. An
internal master court trial calendar distributed Jan. 26 showed Trump’s trial
date, suggesting the change was recent, according to a federal official who
spoke on the condition of anonymity to discuss an internal document.

Subscribe to The Trump Trials, our weekly email newsletter on Donald Trump's
four criminal cases

Chutkan also has acknowledged that Trump’s March trial was off. On Jan. 24, for
example, Chutkan scheduled a new trial for April 2, when Trump’s projected six-
to eight-week trial would have been ongoing. On Wednesday, Chutkan set a March
18 hearing for another defendant, saying, “I suspect in March I will not be in
trial.”

Chutkan’s next trial is set for July 2. The judge set that date in December, a
sign that she believed Trump’s trial would be over by then.

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How — and when — a federal appeals court panel might rule on Trump’s appeal has
been a subject of feverish speculation among court-watchers attempting to
decipher whether special counsel Jack Smith can bring Trump to trial before the
November election.

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A spokesman for Smith said the office had no comment, and spokespeople for Trump
and for the court did not immediately respond to requests for comment.

Trump’s other criminal cases are in South Florida, where he faces federal
charges of mishandling and retaining classified documents after leaving the
White House and obstructing government efforts to recover them from his
Mar-a-Lago home, and in Georgia, for a state election obstruction case.

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In his federal election interference case in D.C., Trump is arguing that he
cannot be tried for trying to overturn the 2020 election results because he was
acquitted by the Senate of inciting the 2021 Capitol attack, arguing under the
constitutional principle of double jeopardy that only impeached and removed
presidents can be criminally prosecuted.

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A three-judge panel of the U.S. Circuit Court of Appeals for the D.C. Circuit
heard oral arguments on Jan. 9 after fast-tracking the case, but it has not yet
issued an opinion. The dispute could go on to the full circuit court or the
Supreme Court, with the prospect of a trial hanging in the balance. While
ordinary criminal-case appeals must wait until after conviction, claims like
Trump’s that assert a constitutional right not to face trial at all must be
decided before trial, posing a key hurdle as well as a potential history-setting
legal precedent.

Chutkan rejected Trump’s arguments in a Dec. 1 opinion, saying that Trump’s term
as president “did not bestow on him the divine right of kings to evade the
criminal accountability that governs his fellow citizens.” She said his
double-jeopardy impeachment claim defied the Constitution’s “plain meaning,
original understanding, and common sense.”

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But since Trump’s appeal paused his case, Chutkan has no authority to set a new
trial schedule or impose other burdens or deadlines on the defense until higher
courts respond. Chutkan has also made clear that if and when she gets the green
light to set a new date, she would not set shorter deadlines that would require
Trump’s attorneys to make up for lost time, suggesting the trial would be pushed
back weeks if not months.

Tom Jackman contributed to this story.


MORE ON THE TRUMP JAN. 6 INDICTMENT

The charges: Former president Donald Trump pleaded not guilty to charges that he
plotted to overturn the 2020 election in the run-up to the Jan. 6, 2021, attack
on the U.S. Capitol. Here’s a breakdown of the charges against Trump and what
they mean, and things that stand out from the Trump indictment. Read the full
text of the 45-page indictment.

The trial: Jury selection in the D.C. criminal trial is set to begin Feb. 9,
with the trial set to begin March 4. U.S. District Judge Tanya S. Chutkan has
imposed a gag order on Trump’s public statements in advance of the trial.

The case: The special counsel’s office has been investigating whether Trump or
those close to him violated the law by interfering with the lawful transfer of
power after the 2020 presidential election or with Congress’s confirmation of
the results on Jan. 6, 2021. It is one of several ongoing investigations
involving Trump.

Can Trump still run for president? While it has never been attempted by a
candidate from a major party before, Trump is allowed to run for president while
under indictment in four separate cases — or even if he is convicted of a crime.
Here’s how Trump’s indictment could affect the 2024 election.

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2456 Comments
The Jan. 6 case
HAND CURATED
 * U.S. to wrap security blanket around D.C. courthouse for Trump trial
   February 1, 2024
   
   
   U.S. to wrap security blanket around D.C. courthouse for Trump trial
   February 1, 2024
 * Judges skeptical that Trump is immune from Jan. 6 prosecution
   January 9, 2024
   
   
   Judges skeptical that Trump is immune from Jan. 6 prosecution
   January 9, 2024
 * Four key takeaways from Trump’s presidential immunity hearing
   January 9, 2024
   
   
   Four key takeaways from Trump’s presidential immunity hearing
   January 9, 2024

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