Will Supreme Court enter Trump indictment fray? Here's how it could - USA Trending Blog
Will Supreme Court enter Trump indictment fray? Here's how it could - USA Trending Blog
If history is any guide, former President Donald Trump could be holding out for help from the Supreme Court even if history also suggests he won't get it.
As Trump and his allies face a 41-count indictment in Georgia for their role in attempting to overturn the 2020 election, there is a chance the former president will call on the high court to weigh in on a variety of questions in the sprawling case, experts said, as well as in the other criminal matters in New York, Florida and Washington, D.C.
Though the final outcome of those cases are unlikely to be appealed to the Supreme Court, the justices may be asked to decide whether two of the cases should be moved to federal court, whether Trump and other former federal officials are entitled to immunity, and even whether efforts to limit Trump's public remarks about his legal problems on the 2024 campaign trail are consistent with the First Amendment.
"SCOTUS ain't getting off easy here," predicted Josh Blackman, a professor at South Texas College of Law Houston.
Those appeals would arrive at a time when the Supreme Court remains under scrutiny for decisions on abortion, affirmative action, LGBTQ+ rights and other questions that divide Americans. At the same time, the high court is keen to avoid the appearance of engaging in politics and has repeatedly shot down other appeals from Trump.
But whether those efforts are ultimately successful may be beside the point: The former president has a long history with long-shot appeals as part of a strategy of delay. Here is a look at some of the issues that could be appealed:
The former president is widely expected to ask a federal court to take over the Georgia case, largely because many believe his lawyers could build a more conservative jury that way. President Joe Biden won Fulton County with 73% of the vote in 2020.
Trump made the same request in New York, where he faces a 34-count indictment from Manhattan District Attorney Alvin Bragg. A U.S. district judge denied the request last month and the former president appealed to the U.S. Court of Appeals for the 2nd Circuit. That decision, whenever it lands, could be appealed to the Supreme Court.
A filing in federal court this week by Trump’s former chief of staff, Mark Meadows, may serve as the template. Meadows was charged in the Fulton County case for his role in allegedly pressuring Georgia state officials with false claims of election fraud. Meadows is attempting to move his case to federal court and have it dismissed
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