In a perfect world, former President Donald Trump’s “trumped” up charges would have brought the candidate to his knees and removed him from challenging President Joe Biden’s seat. The plans were perfectly laid, with each case timed to interfere with his ability to campaign effectively and to occur just as Americans were heading to the polls in November 2024.
But now, several judges are using the power of the law to stymie Democratic plans by insisting that rules must be followed, even if it gives Trump an “advantage” in the court cases.
Of course, “advantage” is a relative term. So far, the cases have been led by rabid Trump-hating prosecutors and presided over by judges deeply in the throes of Trump Derangement Syndrome. But the “easy wins” are over, and the remaining cases, arguably the most important in the Democratic strategy to derail their fiercest rival, are spiraling into chaotic uncertainty.
Judge Aileen Cannon has continued to be a thorn in the side of Democrats, who, at this point, probably wish they had never started the classified documents case against Trump.
Firstly, Cannon extended some pretrial deadlines, granting Trump’s legal team more time. Secondly, she appointed an outside expert to review the records seized from Mar-a-Lago, aiming to identify any protected by attorney-client or executive privilege. Her most recent decision on Monday was a request for prosecutors to allow a jury to review the classified records found at Mar-a-Lago. This led to concerns that an acquittal might be awarded if prosecutors do not comply.
The court order issued on Monday directed legal teams for Trump and the Justice Department’s special counsel to develop potential instructions for the jury. These instructions would account for legal situations that, according to Guardian US journalist Hugo Lowell, “significantly favored Trump’s defense strategies” and were “so advantageous to Trump” and possibly “so misaligned with the Espionage Act” that they cast uncertainty on the rationale for proceeding with a trial.
The case has gained even more attention following a recent decision not to prosecute President Joe Biden for essentially the same crime.
But the hits keep coming for Democrats, who are once again the victims of their enthusiasm to destroy Trump.
Last week, Democrats applauded Fulton County Superior Court judge Scott McAfee’s decision that Willis could stay on the case if special prosecutor Nathan Wade stepped down. McAfee ruled that Willis’s choice to engage in a financial and romantic relationship with a subordinate was just an error in judgment, not a conflict of interest.
The Democrat victory quickly turned to tears, as Guardian US journalist Sam Levine explained. The news about the relationship between Willis and Wade became a significant talking point, he said, leading to concerns about misconduct, damaging her credibility, and causing a two-month delay in the trial.
In another blow, McAfee’s recent decision to allow Trump to challenge his ruling means that the appeals court in Georgia now has 45 days to review the appeal, introducing yet another delay. If the appeals court overturns McAfee’s decision and removes Willis from the case, the trial could face an indefinite postponement.
Even the Stormy Daniels hush money trial, which was scheduled to take place long before election day, is in question now following Judge Juan Merchan’s decision to grant a delay until April 15. Trump’s legal team had initially requested a three-month postponement of the trial to review a large volume of evidence recently provided by the Manhattan U.S. attorney’s office. District Attorney Alvin Bragg agreed to a one-month extension.
Judge Merchan has scheduled a hearing for March 25th, the initial date set for the trial, to find the reasons behind the delayed evidence delivery to Trump’s attorneys. The hearing may also lead to the setting of a new date for the trial.
These delays come in addition to setbacks in Trump’s D.C. “election subversion” case, initially scheduled to begin on March 4, 2024. That case is on hold while the Supreme Court considers his presidential immunity claims on April 25.
Biden’s chances of winning increase if the courts could get Trump’s cases back on track. Currently, Biden and Trump are tied at the polls, but if Trump faces conviction, Biden’s lead is expected to expand to a 6-point margin. Several factors influence this shift: Biden is predicted to turn a 9-point advantage among women and suburban voters. At the same time, Trump may see a 6-point decrease in support from independents and a 5-point drop from Republicans.
For Team Biden, representing one of the least-liked presidents in history, it’s the only chance they have.
