Legal analyst Elie Honig has indicated that Donald Trump's legal team is likely to oppose the new filing by special counsel Jack Smith in the 2020 election subversion case. The team is expected to rely on their previous argument that the former president is immune from prosecution, potentially delaying any trial until after 2024.
Honig, a former federal prosecutor, explained that Trump's team will argue that the alleged conduct is related to his role as president and therefore constitutes official acts, making him immune based on a Supreme Court ruling on presidential immunity.
According to Honig, Judge Tanya Chutkan is expected to issue a ruling after the election, determining which aspects of the case will proceed. However, he noted that Trump's team can appeal Chutkan's decision before the case goes to trial, as per the Supreme Court's guidance.
Given this legal process, Honig emphasized that a trial is unlikely to take place before the end of 2024, as Trump can request the DC Circuit Court of Appeals to review the ruling and potentially seek a second review by the Supreme Court.
Overall, the legal battle surrounding the election subversion case is set to continue, with Trump's team gearing up to challenge the latest filing and navigate the appeals process in the coming months.
