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Potential Timeframe For Donald Trump's DC Appeal

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In light of media focus of former President Donald Trump's appearance today at the Washington DC's Circuit Court of Appeals, we are providing a summary of potential timelines for the appeal, and impact on Trump's eventual trial date. This summary is drawn largely from analysis compiled and published by Just Security.

  • Note: Trump's legal team argues that the case, brought by Department of Justice Special Council Jack Smith alleging that he interfered in the 2020 presidential election, should be dismissed on ground of presidential immunity. It is one of four concurrent criminal cases against Trump which are set to get underway this year.
  • Note: Just Security's analysis is based upon an assumption that Trump will lose his appeal. This assumption appears to have been supported today by various reports that panel, "expressed deep skepticism of his contention." (Politico)
  • Oral arguments (today) - Just Security estimates that, although the court could hypothetically release a ruling immediately, it is likely a decision will come between Jan. 12 - 19.
  • Supreme Court appeal timeline: Just Security estimates that, based upon a short timeframe, the Supreme Court could make a final decision on the appeal between April 7-17. Under the longest analysed timeline, the SCOTUS decision would likely come in the second half of May.
  • Trial date: Under a short timeline scenario a trial would take place in the first half of July. A long timeline would put a trial around August 15.

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