Federal Criminal Case Against Trump (2020 Election Case)

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      Indicted or Barred From the Ballot: For Trump, Bad News Cements Support

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      The former president has perfected a playbook of victimhood, raising cash off each of his indictments and encouraging Republican officials to defend him, as his rivals did after the Colorado ruling.It may take weeks to find out whether the decision by the Colorado Supreme Court to declare Donald J. Trump ineligible to be on the state primary ballot will hold.But its short-term political impact was clear by the time Mr. Trump stepped off a stage on Tuesday night in Iowa, where he learned of the ruling shortly before a scheduled campaign rally began.Allies of the former president posted on social media that the ruling was an indignation, one that the U.S. Supreme Court needed to rectify.Colorado’s top court found that Mr. Trump had incited an insurrection on Jan. 6, 2021, and should be barred from the ballot under the 14th Amendment to the Constitution. Mr. Trump could remain on the ballot regardless — the Colorado justices put their ruling on hold as appeals are likely to proceed — but Mr. Trump’s team was hardly dwelling on that detail.Even if Mr. Trump remains on the ballot, any court having said that Mr. Trump incited an insurrection will be used against him in a general election, in ways his advisers know could be damaging. But the Republican primary is different. Officials with Mr. Trump’s rival G.O.P. campaigns privately feared that the decision would be seen as an overreach by Democrats, one that could bolster his current lead among Republicans in the Iowa caucuses on Jan. 15, and in the primaries immediately after.For years, events that would thwart other politicians have at best slowed Mr. Trump’s forward motion, with the prominent exception of his loss in the 2020 election to Joseph R. Biden Jr. Throughout 2023, Mr. Trump has exploited as political fodder events that would have sunk other candidates — such as being indicted four times, on 91 felony charges — with a Republican electorate that has been told Democrats are threatening their way of life.Since March, Mr. Trump has perfected a playbook of victimhood, raising campaign funds off each indictment and encouraging Republican officials to defend him. Many — including some who are fearful of Mr. Trump’s hold on the party’s core voters — have obliged.Democrats and the comparatively few Republicans who want to see Mr. Trump stopped have described his criminal legal travails as of his own making, and tried to highlight the details of the crimes he is accused of committing. They vary widely and include charges he conspired to defraud the United States with months of election lies aimed at subverting the transfer of power as well as charges stemming from mishandling classified documents.Trump supporters in Waterloo, Iowa, on Tuesday, the day the Colorado Supreme Court barred him from that state’s primary ballot.Rachel Mummey for The New York TimesBut Mr. Trump has repeatedly collapsed all those cases into what he has called a “witch hunt,” one aimed at stopping his candidacy as opposed to holding him accountable. He and his allies are already folding the Colorado ruling into that same narrative.Even people who dislike Mr. Trump intensely feared the ruling to toss him off the ballot will merely help him with a Republican electorate that will see it as interfering with an election, at a time when Mr. Trump is regularly described by Democrats as a threat to democracy.“This vindicates his insistence that this is a political conspiracy to interfere with the election,” Ty Cobb, who worked as a lawyer in the Trump White House and who has since condemned his behavior, told CNN. “That’s the way he tries to sell this,” added Mr. Cobb, who mocked that claim of a broad conspiracy but nonetheless predicted the U.S. Supreme Court might unanimously overturn the Colorado ruling.Mr. Trump’s campaign emailed out that portion of the interview.“REMOVED FROM THE BALLOT — FIGHT BACK!” was the subject line of a second fund-raising email from Mr. Trump later in the night.Mr. Trump said nothing about the ruling at his Iowa rally, as Republicans filled the void for him. His Republican opponents — the few who remain from a once-crowded field — once again were left having to walk a line around the man they’re trying to beat.Gov. Ron DeSantis of Florida, who is mocked daily by Mr. Trump’s team for his footwear and who has struggled to replace the former president as the new generation of the MAGA movement, may as well have been articulating Mr. Trump’s own defense in his statement.“The Left invokes ‘democracy’ to justify its use of power, even if it means abusing judicial power to remove a candidate from the ballot based on spurious legal grounds. SCOTUS should reverse,” Mr. DeSantis wrote in a social media post.Chris Christie, the former governor of New Jersey whose core message has been that Mr. Trump is unfit for office, said that voters, not the courts, should decide whether he is president. Nikki Haley, the former governor of South Carolina who has made significant gains in recent polling, made a similar statement.Vivek Ramaswamy, the most vocally pro-Trump of any of the candidates this cycle, said he would withdraw from the Colorado ballot unless Mr. Trump is restored.Mr. Trump’s team is confident such a restoration will happen. Privately, several of his advisers agreed with Mr. Cobb’s assessment that the U.S. Supreme Court will take up his appeal and side with him. It remains to be seen if that happens, or if the justices decide to let the ruling stand. If they do the latter, similar lawsuits would most likely be filed in other states, although a number of 14th Amendment suits have already failed elsewhere.Regardless of the eventual outcome, Mr. Trump’s team, which was surprised by the Tuesday ruling, made quick work of trying to turn it into another galvanizing moment of victimhood. Their approach echoed something Mr. Trump’s oldest mentor, the ruthless lawyer and fixer Roy M. Cohn, who battled prosecutors himself, once said.“I bring out the worst in my enemies,” Mr. Cohn once told the columnist William Safire, “and that’s how I get them to defeat themselves.” More

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      Nearly a Quarter of Trump Voters Say He Shouldn’t Be Nominated if Convicted

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      While Donald Trump’s Republican support remains robust, a not-insignificant minority of his backers oppose having him lead the G.O.P. ticket if he is found guilty of a crime, a Times poll found.Nearly a quarter of former President Donald J. Trump’s own supporters believe that he should not be the Republican Party’s nominee for president next year if he is found guilty of a crime, according to a New York Times/Siena College poll.Mr. Trump continues to enjoy an enormous lead among the Republican candidates vying for the party’s presidential nomination, and he has used the prosecutions he faces to cast himself as the target of political persecution by Democrats and President Biden. But the poll suggests that a not-insignificant minority of those who would otherwise want him at the top of the Republican ticket in November could change their mind if he were found guilty in any of the four criminal cases he is facing, even if he has won the primary contest.Another 20 percent of those who identified themselves as Trump supporters went so far as to say that he should go to prison if he is convicted in the federal case in Washington in which he stands accused of plotting to overturn the 2020 election. And 23 percent of his supporters said they believe that he has committed “serious federal crimes,” up from 11 percent in July.The poll was conducted before the Colorado Supreme Court ruled on Tuesday that Mr. Trump should be disqualified from the Republican primary ballot in that state. The court ruled that Mr. Trump was ineligible under the 14th Amendment, which disqualifies anyone found to have participated in an insurrection from holding office.The findings in the poll underscore the importance to Mr. Trump of the strategy he and his lawyers are pursuing to delay his trials, especially the federal election interference case in Washington.That case, scheduled to start in early March, has long been considered likely to be the first of the four to go before a jury, though Mr. Trump has also sought to postpone the other trials.Those include a federal case in Florida accusing him of illegally holding on to classified documents after leaving office, another in Manhattan stemming from hush money payments made to a porn star in the run-up to the 2016 election, and one in Georgia in which Mr. Trump has been charged in a racketeering conspiracy with tampering with that state’s election.Mr. Trump at his civil trial in Manhattan in October. Eighty-four percent of his supporters believe the various charges he is facing are “mostly politically motivated.”Dave Sanders for The New York TimesMr. Trump has repeatedly described the cases, including the ones brought against him by state prosecutors, as political “witch hunts” designed solely to impede his candidacy. The Times poll found that 84 percent of Mr. Trump’s supporters — and 46 percent of all registered voters surveyed — believe that the various charges he is facing are “mostly politically motivated.”Mr. Trump has a long history of using delay tactics in the civil litigation he has faced. But the criminal cases are different, in that Mr. Trump and some of his advisers have been blunt in private conversations that he would have the Justice Department simply drop the cases against him should he be re-elected.Some of those advisers believe that it would be virtually impossible under the Constitution for the state cases to proceed against him while he was a sitting president, even though he would have no authority over local prosecutors’ offices.Postponing the trials until after the election would also have another effect: It would keep voters from hearing the expansive evidence against Mr. Trump that prosecutors have collected before they went to the polls.If the election interference case in particular were put off until after the race was decided, it would mean that millions of Americans would never hear the details of Mr. Trump’s attempts to derail the results of the last election before considering him for office again in 2024.When asked in a previous poll about Mr. Trump’s actions to try to remain in power after the 2020 election, 51 percent of swing state voters — including 13 percent of Mr. Trump’s own supporters — said he went so far as to threaten democracy. In the same poll, most of Mr. Trump’s supporters across the battleground states said they would still support Mr. Trump if he were convicted, but about 6 percent said they would switch their votes to Mr. Biden — potentially enough to swing the election. More

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      Ex-N.Y.P.D. Officer Sentenced to 22 Months for Her Role in Jan. 6 Riot

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      Sara Carpenter slapped a police officer while wielding a tambourine when former President Donald J. Trump’s supporters stormed the Capitol, prosecutors said.A former New York City police officer was sentenced on Tuesday to 22 months in prison for her role in the Capitol riot on Jan. 6, 2021, during which, federal prosecutors said, she pushed against and slapped police officers while yelling and wielding a tambourine.The sentencing of the former officer, Sara Carpenter, followed her conviction in March on several felony and misdemeanor counts, including civil disorder, obstruction of an official proceeding and entering or remaining in a restricted building or ground, court records show.Ms. Carpenter, 54, of Richmond Hill, Queens, is among more than 1,200 people — and one of at least 15 with law enforcement ties — to be criminally charged in connection with the Jan. 6 riot, according to court records and a Justice Department news release.She and other supporters of former President Donald J. Trump stormed the Capitol that day in a bid to disrupt the certification of President Biden as the winner of the 2020 election. Mr. Trump has been charged with conspiracy and the corrupt obstruction of an official proceeding as a result of the riot, and a federal investigation into the day’s events is continuing.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      The Supreme Court Can Stop Trump’s Delay Game

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      This is a good week to remember that, in the hours after Senate Republicans refused to convict Donald Trump for inciting the Jan. 6 Capitol attack, Mitch McConnell, then the majority leader, offered a hint of future comeuppance for the former president. Mr. Trump, he said, was still liable for everything he did as president.“He didn’t get away with anything yet — yet,” Mr. McConnell said on the Senate floor on Feb. 13, 2021. “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being accountable by either one.”Almost three years later, we are approaching the moment of truth. Mr. Trump, under federal indictment for his role in the insurrection, is attempting to evade legal accountability as he always has, by delay and misdirection.On Monday night, the case reached the Supreme Court, where litigation is normally measured in months, if not years. That’s understandable, especially when legal issues are complex or involve matters of great public significance. The course of justice is slow and steady, as the tortoise sculptures scattered around the court’s building at One First Street symbolize.But sometimes time is of the essence. That’s the case now, as the court weighs whether to expedite the case against Mr. Trump, who is trying to get his criminal charges thrown out a few weeks before the Republican primaries begin, and less than a year before the 2024 election.Last week after the federal trial judge, Tanya Chutkan, rejected Mr. Trump’s legal arguments that he is immune from prosecution, he appealed to the federal appeals court in Washington, a process that he clearly hoped would add weeks of delay. The special counsel Jack Smith countered by going directly to the Supreme Court, asking the justices to take the case away from the appeals court and rule quickly.It was, he acknowledged, “an extraordinary request” for “an extraordinary case.” The justices took the hint, ordering Mr. Trump to file his response by next week — lightning speed compared to the court’s usual pace.The prosecution was further complicated on Wednesday, when the justices agreed to hear a case challenging the government’s reliance on a particular obstruction charge against hundreds of Jan. 6 attackers, and against Mr. Trump himself.Prosecuting a presidential candidate during a campaign is not an ideal situation. Still, the justices were right not to sit on Mr. Smith’s appeal. The American people deserve to know, well before they head to the polls, whether one of the two probable major-party candidates for president is a convicted criminal — whether he is guilty, no less, of conspiring to subvert the outcome of a free and fair election to keep himself in power. The Jan. 6 trial — one of four Mr. Trump is expected to face over the coming months, and arguably the most consequential of all — is scheduled to start in early March, and it cannot move forward until the court decides whether he as a former president is immune from prosecution for his actions in office.The good news is there’s nothing stopping them. The justices are fully capable of acting fast when the circumstances demand. Consider the 2000 presidential election: the dispute over Florida’s vote count rocketed up to the court not once but twice in a matter of days in early December. The court issued its final opinion in Bush v. Gore, which was 61 pages in all, including dissents, barely 24 hours after hearing oral arguments.In 1974, the court managed to decide another hugely consequential case involving the presidency — Richard Nixon’s refusal to turn over his secret Oval Office tapes — over the course of a few weeks in June and July. The court’s ruling, which came out during its summer recess, went against Mr. Nixon and led to his resignation shortly after.The stakes in both cases were extraordinary, effectively deciding who would (or would not) be president. In both cases, the justices knew the country was waiting on them, and they showed they have no trouble resolving a legal dispute rapidly. The Jan. 6 charges against Mr. Trump are similarly consequential. Never in American history has a sitting president interfered with the peaceful transfer of power. No matter their positions on Mr. Trump and his eligibility to run again, all Americans have a compelling interest in getting a verdict in this case before the election.For that to happen, the Supreme Court needs to rule on Mr. Trump’s claim of executive immunity, one of a narrow category of appeals that can stop a trial in its tracks rather than having to wait until after conviction to be filed. The former president’s argument is that his actions to overturn the election were taken in the course of his official duties, and thus that he is absolutely immune from prosecution for them. It’s an absurd claim, as Judge Chutkan explained in denying it on Dec. 1.“Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass,” she wrote. “Defendant’s four-year service as commander in chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”Mr. Trump made two additional arguments, involving double jeopardy and the First Amendment, that were even weaker than the immunity claim, and Judge Chutkan denied those as well. She was probably tempted to toss out all of them as frivolous, as so many of Mr. Trump’s delaying tactics, dressed up as legal arguments, turn out to be. Instead she erred on the side of caution because no one has ever made such arguments, so there is no legal precedent for assessing their validity.Of course, the reason no one has made these arguments is that no former president has been criminally charged before. This is classic Trump, freeloading on everyone else’s respect for the law. You can drive 100 m.p.h. down the highway only if you are confident the other cars will stay in their lanes.The irony is that, even as he seeks to delay and obstruct the justice system, Mr. Trump is bolstering the case for a speedy trial thanks to his repeated threatening outbursts on social media. He has attacked the judge, the prosecutor and others, including those who are likely to testify against him. Statements like those endanger the safety of witnesses and the basic fairness of the trial, and have resulted in a gag order against the former president, but they are routine for a man who has spent a lifetime acting out and daring decent Americans everywhere to do something, anything, to stop him.“He keeps challenging the system to hold him accountable,” Kristy Parker of Protect Democracy, a nonpartisan advocacy group, told me. Most any other defendant who behaved in this way would risk being thrown in jail for violating the conditions of their bail, she said, but “no one wants to see him locked up prior to trial. It’s not going to be good for American society.”She was referring to the propensity for threats and violence that Mr. Trump’s supporters, egged on by their overlord, have shown in the face of any attempt to hold him to account. At this point, however, many Americans have accepted that risk as part of the price of cleansing the nation of a uniquely malicious political figure. We know the violence is coming, just as we know Mr. Trump will claim that any election he doesn’t win is rigged against him.“The best way to do anything about this is to have the trial soon,” Ms. Parker said. Right now, there are nine people in America who can help guarantee that is what happens.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More

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      La Corte Suprema analizará el cargo de obstrucción en el caso de Trump por el asalto del 6 de enero

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      La decisión de admitir el caso complicará y quizá retrase el inicio del juicio de Trump, que ahora está previsto que se celebre en Washington en marzo.La Corte Suprema aceptó el miércoles analizar un caso que podría poner en entredicho el procesamiento de cientos de alborotadores que irrumpieron en el Capitolio el 6 de enero de 2021 y retrasar —o limitar el alcance— del juicio del expresidente Donald Trump por cargos federales de intentar anular su derrota electoral.Lo que está en juego es si el gobierno puede acusar a los imputados en los casos en virtud de una ley federal que tipifica como delito la obstrucción corrupta de un procedimiento oficial. La ley está en el centro de los procesamientos de muchos partidarios de Trump que, en 2020, trataron de bloquear la certificación de la victoria de Joe Biden en el Congreso. También es una parte clave del proceso federal que acusa a Trump de conspirar para mantenerse en el poder, a pesar de la voluntad de los votantes.La decisión de admitir el caso complicará y quizá retrase el inicio del juicio de Trump, que ahora está previsto que se celebre en Washington en marzo. Es probable que la sentencia definitiva de la Corte Suprema, que es posible que no se produzca hasta junio, aborde la viabilidad de dos de los principales cargos contra Trump. Y podría obstaculizar de manera grave los esfuerzos del fiscal especial, Jack Smith, para responsabilizar al expresidente de la violencia desatada por sus partidarios en el Capitolio.La eventual decisión de la corte también podría invalidar las condenas que ya se han dictado contra decenas de seguidores de Trump que participaron en el asalto. Eso supondría un duro golpe para las acusaciones del gobierno en los casos de los disturbios del 6 de enero.El caso que la corte admitió afecta a Joseph Fischer, acusado de siete cargos por su participación en el ataque al Capitolio. Los fiscales afirman que agredió a la policía mientras el Congreso se reunía para certificar los resultados de las elecciones de 2020. Al igual que otros cientos de alborotadores cuyas acciones perturbaron el procedimiento de certificación en el Capitolio, Fischer fue acusado del cargo de obstrucción, formalmente conocido como 18, USC, 1512.Fischer solicitó la desestimación de una parte de la acusación presentada en virtud de la ley de obstrucción, que se aprobó como parte de la Ley Sarbanes-Oxley de 2002, una medida dirigida principalmente contra los delitos de cuello blanco. Los fiscales han utilizado habitualmente la acusación de obstrucción, en lugar de cargos más polémicos como insurrección o conspiración sediciosa, para describir cómo los miembros de la turba pro-Trump perturbaron el traspaso pacífico del poder presidencial.El año pasado, el juez Carl J. Nichols, del Tribunal Federal de Distrito de Washington, accedió a la petición de desestimación de Fischer, afirmando que la ley exigía que los acusados realizaran “alguna acción con respecto a un documento, registro u otro objeto”, algo que, según él, faltaba en la conducta de Fischer en el Capitolio.Un panel dividido de tres jueces del Tribunal de Apelaciones de EE. UU. para el Circuito del Distrito de Columbia revocó finalmente la decisión del juez Nichols, dictaminando que la ley “se aplica a todas las formas de obstrucción corrupta de un procedimiento oficial”. Tres acusados del 6 de enero, entre ellos Fischer, le pidieron finalmente a la Corte Suprema que decidiera si la ley se había aplicado correctamente en el caso del Capitolio.La acusación de obstrucción nunca fue fácil de incluir en los casos derivados del asalto al Capitolio. Cuando se aprobó a principios de la década de 2000, la ley pretendía frenar la prevaricación empresarial al prohibir cosas como la destrucción de documentos o la manipulación de testigos o pruebas.Los abogados defensores que representan a los alborotadores del 6 de enero han argumentado que los fiscales federales ampliaron indebidamente su alcance para abarcar la violencia que estalló en el Capitolio e interfirió en el procedimiento en el que los legisladores se habían reunido para certificar los resultados de las elecciones.Los abogados también discreparon con el uso de la acusación contra las personas que irrumpieron en el Capitolio, afirmando que muchas no actuaban de forma “corrupta”, como exige la ley, porque creían que protestaban contra unas elecciones robadas.“La ley se ha utilizado para criminalizar en exceso los casos del 6 de enero”, dijo Norm Pattis, abogado de Jake Lang, uno de los tres acusados que recurrieron a la Corte Suprema. “El Congreso nunca pretendió eso”.Pattis dijo que la revisión de la corte era “significativa” en cientos de causas penales derivadas de la revuelta del Capitolio y que era “una razón más para retrasar la causa de 2024 contra Donald Trump”.Dos de los cuatro cargos de la acusación federal de interferencia electoral contra Trump se basan en el cargo de obstrucción. Se le acusa de obstruir personalmente el procedimiento de certificación en el Capitolio el 6 de enero y también se enfrenta a un cargo de conspirar con otras personas para obstruir el procedimiento.La revisión de la corte, aunque es potencialmente perjudicial para la acusación, no afectaría a los otros dos cargos contra Trump. Uno de ellos lo acusa de conspirar para defraudar a Estados Unidos mediante la mentira de que le habían robado las elecciones, en un esfuerzo por revertir su derrota. El otro lo acusa de conspirar para privar a millones de estadounidenses del derecho a que se cuenten sus votos.Sin embargo, si la Corte Suprema determina que la ley de obstrucción no se aplica al ataque de la turba en el Capitolio, podría paralizar los planes de Smith de responsabilizar a Trump de la violencia.Documentos judiciales recientes sobre el caso de las elecciones han sugerido claramente que los fiscales planeaban utilizar la acusación de obstrucción para mostrar al jurado videos gráficos del ataque al Capitolio y tal vez introducir el testimonio de los alborotadores que afirman que asaltaron el edificio siguiendo instrucciones de Trump.La posibilidad de que la corte revise —y pueda invalidar— el recuento de obstrucción se ha cernido sobre el caso de las elecciones de Trump durante meses. Pero la reciente decisión de la corte se produjo en un momento especialmente delicado: dos días después de que Smith pidiera a los jueces que aceleraran la apelación de los distintos intentos de Trump de anular el caso basándose en alegaciones de inmunidad presidencial.Aunque la Corte Suprema aún no ha decidido si considerará los argumentos de inmunidad de Trump, en una semana se ha visto profundamente implicado en el procedimiento de injerencia electoral. Sus decisiones sobre la acusación de obstrucción y sobre la inmunidad podrían alterar radicalmente la forma, el alcance y el calendario del caso, que durante mucho tiempo ha parecido que sería la primera de las cuatro acusaciones a las que se enfrentaría Trump.La fiscala general, Elizabeth Prelogar, había instado a los jueces a denegar la revisión del caso, alegando que la ley era lo suficientemente amplia como para abarcar las acciones de Fischer aunque no se vieran afectados documentos u otros objetos.“Un acusado obstruye un procedimiento oficial impidiendo físicamente que se lleve a cabo, como ocurrió aquí cuando los demandantes y otras personas ocuparon violentamente el Capitolio durante varias horas e impidieron así que la sesión conjunta del Congreso realizara su trabajo”, escribió.Añadió que, en cualquier caso, se trataba de documentos.“Impedir que los miembros del Congreso validaran los certificados estatales constituye, por tanto, una obstrucción centrada en las pruebas”, escribió, añadiendo que la revisión era prematura. “Como mínimo, debería permitirse al gobierno presentar su caso ante un jurado y demostrar que los peticionarios obstruyeron un procedimiento impidiendo (en parte) que los responsables de la toma de decisiones pertinentes vieran las pruebas en el momento y lugar especificados para ese efecto”.Independientemente de cómo se pronuncie finalmente la Corte Suprema, es probable que los abogados de Trump utilicen su decisión de revisar la acusación de obstrucción para reforzar sus argumentos de que el juicio en Washington debería aplazarse, quizá hasta después de que se decida la campaña presidencial de 2024.Desde el inicio del caso, Trump ha seguido una persistente estrategia de retraso. Si puede retrasar el juicio hasta después de las elecciones y ganar la contienda, estaría en condiciones de ordenar sencillamente que se retiraran los cargos contra él.Alan Feuer cubre el extremismo y la violencia política para el Times, centrándose en los casos penales relacionados con el atentado del 6 de enero en el Capitolio y contra el expresidente Donald Trump. Más sobre Alan FeuerAdam Liptak cubre la Corte Suprema y escribe Sidebar, una columna sobre novedades jurídicas. Licenciado por la Facultad de Derecho de Yale, ejerció la abogacía durante 14 años antes de incorporarse al Times en 2002. Más sobre Adam Liptak More

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      Judge Pauses Trump Election Case Amid Appeal of Immunity Issue

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      The decision by the judge to freeze the case came as the former president’s lawyers asked an appeals court to move slowly in considering his claims that he is immune from prosecution.A federal judge on Wednesday put on hold all of the proceedings in former President Donald J. Trump’s trial on charges of plotting to overturn the 2020 election as his lawyers asked an appeals court to move slowly in considering his claim that he is immune from prosecution in the case.The separate but related moves were part of an ongoing struggle between Mr. Trump’s legal team and prosecutors working for the special counsel, Jack Smith, over the critical question of when the trial will actually be held. It is now scheduled to begin in Washington in March.On Wednesday morning, Mr. Trump’s lawyers asked the federal appeals court to avoid setting an expedited schedule as it considered whether to dismiss the election subversion charges based on the former president’s sweeping claims of executive immunity.In a 16-page filing that blended legal and political arguments, the lawyers asked a three-judge panel of the court not to move too quickly in mulling the question of immunity, saying that a “reckless rush to judgment” would “irreparably undermine public confidence in the judicial system.”“The manifest public interest lies in the court’s careful and deliberate consideration of these momentous issues with the utmost care and diligence,” wrote D. John Sauer, a lawyer who is handling the appeal for Mr. Trump.On Wednesday afternoon, the trial judge overseeing the election case, Tanya S. Chutkan, handed Mr. Trump a victory by suspending all “further proceedings that would move this case towards trial” until the appeal of the immunity issue is resolved.Mr. Trump’s lawyers had requested the pause when they first decided to challenge Judge Chutkan’s rejection of the former president’s immunity claim. Mr. Trump had argued in his initial motion to dismiss the case that he was “absolutely immune” to the election interference charges because they were based on actions he took while he was in office.The former president’s filing to the U.S. Court of Appeals for the District of Columbia Circuit came two days after prosecutors working for Mr. Smith asked the same judges to fast-track the appeal. The prosecutors argued that keeping the underlying case moving forward would vindicate the public’s interest in a speedy trial.Mr. Smith has also filed a parallel request to the Supreme Court, asking the justices to consider the immunity issue even before the appeals court does and to issue their decision quickly. Mr. Trump’s lawyers have until Dec. 20 to respond to that request.In another move on Wednesday, the Supreme Court agreed to hear a separate case with a bearing on Mr. Trump’s prosecution. The court said it would consider whether the former president and hundreds of people who have been prosecuted for the Jan. 6, 2021, assault on the Capitol can be charged in those cases under a federal law that makes it a crime to corruptly obstruct or impede an official proceeding.Winning the appeal of the immunity issue has been only one of Mr. Trump’s goals. All along, he and his lawyers have had an alternate strategy: to delay the trial on election interference charges for as long as possible.If Mr. Trump is able to postpone the trial until after next year’s election and ultimately wins the race, he will have the power to simply order the charges to be dropped. Holding a trial after the race would also mean that voters would not have had a chance to hear any of the evidence that prosecutors collected about Mr. Trump’s expansive efforts to reverse the results of the previous election.Mr. Smith’s team has never explicitly suggested that they are worried that if Mr. Trump is re-elected he will use his political victory as a means to quash his legal problems. Instead, they have framed their concerns about the scheduling of the case in a different way, saying they are seeking to protect the enormous public interest in seeing the case resolved in a timely fashion.Mr. Sauer rejected that position in his filing to the appeals court, accusing Mr. Smith of using the case to damage Mr. Trump’s candidacy.“The date of March 4, 2024, has no talismanic significance,” he wrote. “Aside from the prosecution’s unlawful partisan motives, there is no compelling reason that date must be maintained.”Mr. Trump’s lawyers have long complained that the trial is itself a form of election interference. They say that the scheduled start date of March 4 is just one day before Super Tuesday, the most important date in the primary election season.Mr. Trump’s legal team has used its immunity appeal to launch political attacks against Mr. Smith and the Biden administration and cast the indictment as a partisan effort to derail Mr. Trump’s third bid for the White House.“The prosecution has one goal in this case: to unlawfully attempt to try, convict and sentence President Trump before an election in which he is likely to defeat President Biden,” Mr. Sauer wrote. In his appellate papers, Mr. Sauer also complained that the sped-up schedule Mr. Smith has asked for would require Mr. Trump’s legal team to “work round-the-clock through the holidays.” “It is as if the special counsel growled, with his Grinch fingers nervously drumming, ‘I must find some way to keep Christmas from coming,’” Mr. Sauer wrote, quoting the famous Dr. Seuss book.In a sign of how just how fast they would like to move, prosecutors responded to Mr. Sauer’s filing within a matter of hours.“The public’s need for a speedy resolution of these important legal issues,” they wrote, “take precedence over personal scheduling issues.” More

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      Justices to Decide Scope of Obstruction Charge Central to Trump’s Jan. 6 Case

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      A ruling by the Supreme Court could affect the cases of hundreds of people charged in connection with the Capitol attack — and potentially the prosecution of Donald J. Trump.The Supreme Court agreed on Wednesday to hear a case that could upend the prosecutions of hundreds of rioters who stormed the Capitol on Jan. 6, 2021, and delay — or limit the scope of — former President Donald J. Trump’s trial on federal charges of trying to overturn his election defeat.At issue is whether the government can charge defendants in the cases under a federal law that makes it a crime to corruptly obstruct an official proceeding. The law is at the heart of the prosecutions of many members of the pro-Trump mob that sought to block the congressional certification of Joseph R. Biden Jr.’s victory in 2020. It is also a key part of the federal indictment accusing Mr. Trump of plotting to remain in power despite the will of the voters.The decision to hear the case will complicate and perhaps delay the start of Mr. Trump’s trial, now scheduled to take place in Washington in March. The Supreme Court’s ultimate ruling, which may not arrive until June, is likely to address the viability of two of the main counts against Mr. Trump. And it could severely hamper efforts by the special counsel, Jack Smith, to hold the former president accountable for the violence of his supporters at the Capitol.The court’s eventual decision could also invalidate convictions that have already been secured against scores of Mr. Trump’s followers who took part in the assault. That would be an enormous blow to the government’s prosecutions of the Jan. 6 riot cases.The case the court agreed to hear involves Joseph Fischer, who was indicted on seven charges for his role in the Capitol attack. Prosecutors say he assaulted the police as Congress met to certify the results of the 2020 election. Like hundreds of other rioters whose actions disrupted the certification proceeding in the Capitol, Mr. Fischer was charged with the obstruction count, formally known as 18 U.S.C. 1512.Mr. Fischer sought dismissal of a portion of the indictment brought under the obstruction law, which was passed as part of the Sarbanes-Oxley Act of 2002, a statute aimed primarily at white-collar crime. Prosecutors have routinely used the obstruction charge, in lieu of more politically contentious counts like insurrection or seditious conspiracy, to describe how members of the pro-Trump mob disrupted the peaceful transfer of presidential power.Last year, Judge Carl J. Nichols of the Federal District Court in Washington granted Mr. Fischer’s motion to dismiss, saying that the law required defendants to take “some action with respect to a document, record or other object” — something he said was missing from Mr. Fischer’s conduct at the Capitol.A divided three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit eventually reversed Judge Nichols’s decision, ruling that the law “applies to all forms of corrupt obstruction of an official proceeding.” Three Jan. 6 defendants, including Mr. Fischer, ultimately asked the Supreme Court to decide whether the law had been properly applied to the Capitol attack.The obstruction charge was never an easy fit in the cases stemming from the storming of the Capitol. When it was passed in the early 2000s, the law was aimed at curbing corporate malfeasance by outlawing things like destroying documents or tampering with witnesses or evidence.Defense lawyers representing Jan. 6 rioters have argued that federal prosecutors improperly stretched its scope to cover the violence that erupted at the Capitol and interfered with the proceeding in which lawmakers had gathered to certify the results of the election.The lawyers also took issue with using the charge against people who stormed the Capitol, saying that many were not acting “corruptly,” as the law requires, because they believed they were protesting a stolen election.“The statute has been used to over-criminalize the Jan. 6 cases,” said Norm Pattis, a lawyer for Jake Lang, one of the three defendants who appealed to the Supreme Court. “Congress never intended that.”Mr. Pattis said the Supreme Court’s review was “significant” in hundreds of criminal cases stemming from the Capitol riot and was “yet another reason the 2024 case against Donald Trump should be delayed.”Two of the four counts in the federal election interference indictment against Mr. Trump are based on the obstruction charge. He has been accused of personally obstructing the certification proceeding at the Capitol on Jan. 6 and faces a separate count of conspiring with others to obstruct the proceeding.The Supreme Court’s review, while potentially damaging to the indictment, would not affect the other two charges against Mr. Trump. One accuses him of conspiring to defraud the United States by using relentless lies that the election had been stolen from him in an effort to reverse his defeat. The other charges him with plotting to deprive millions of Americans of the right to have their votes counted.Still, if the Supreme Court finds that the obstruction law does not apply to the mob attack at the Capitol, it could cripple plans by Mr. Smith to pin the violence on Mr. Trump.Recent court papers in the election case have strongly suggested that prosecutors were planning to use the obstruction charge as a way to show the jury graphic videos of the Capitol attack and perhaps even introduce testimony from rioters claiming that they stormed the building on Mr. Trump’s instructions.The possibility that the Supreme Court could review — and one day invalidate — the obstruction count has been looming over Mr. Trump’s election case for months. But the court’s decision to act on Wednesday came at a particularly delicate moment: two days after Mr. Smith asked the justices to fast-track an appeal of Mr. Trump’s separate attempts to have the case tossed out on broad claims of presidential immunity.While the Supreme Court has not yet decided whether to consider Mr. Trump’s immunity arguments, it has — in the span of a week — become deeply entangled in the election interference proceeding. Its decisions on the obstruction charge and on immunity could radically alter the shape, scope and timing of the case, which has long seemed as though it would be the first of the four indictments Mr. Trump is facing to go before a jury.Solicitor General Elizabeth B. Prelogar had urged the justices to deny review in the case, saying the law was broad enough to cover Mr. Fischer’s actions even if no documents or other objects were affected.“A defendant obstructs an official proceeding by physically blocking it from occurring — as happened here when petitioners and others violently occupied the Capitol for several hours and thereby prevented the joint session of Congress from doing its work,” she wrote.She added that documents were at issue in the case in any event.“Preventing the members of Congress from validating the state certificates thus constitutes evidence-focused obstruction,” she wrote, adding that review was premature. “At a minimum, the government should be permitted to present its case to a jury and prove that petitioners obstructed a proceeding by (in part) preventing the relevant decision makers from viewing the evidence at the time and place specified for that purpose.”Regardless of how the Supreme Court ultimately rules, Mr. Trump’s lawyers are likely to use its decision to review the obstruction charge to bolster their arguments that the trial in Washington should be postponed, perhaps until after the 2024 presidential race is decided.From the start of the case, Mr. Trump has pursued a persistent strategy of delay. If he can push the trial until after the election and win the race, he would be in a position to simply order the charges against him to be dropped. More

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      Why Jack Smith Is Taking Trump’s Immunity Claim Straight to the Supreme Court

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      The special counsel has substantive and procedural reasons for wanting a quick ruling on whether Donald Trump can be prosecuted for his actions as president.Jack Smith, the special counsel who has brought two cases against former President Donald J. Trump, made a bold move this week designed to undercut one of Mr. Trump’s chief defenses against accusations of plotting to overturn the 2020 election.Mr. Smith asked the Supreme Court to rule on Mr. Trump’s attempts to have the election subversion charges dismissed on a sweeping claim of executive immunity before a lower appeals court even has the chance to consider the issue.Mr. Smith also asked the justices to make their decision quickly.“The United States recognizes that this is an extraordinary request,” he told the Supreme Court in a petition filed on Monday.But there was a reason it was needed.“This is an extraordinary case,” he wrote.Here is a look at the intersecting legal and political issues surrounding the special counsel’s move.What does Mr. Smith want the Supreme Court to do?He made two separate requests.First, he asked the justices to consider a legal issue they have never looked at before: whether the Constitution confers absolute immunity on a former president against a federal prosecution for crimes he committed while in office.Mr. Trump put that argument at the center of his initial motion to dismiss the election case, which he filed in October in Federal District Court in Washington. He contended that because the charges were based on official actions he took while in the White House, the indictment in its entirety had to be thrown out.Judge Tanya S. Chutkan, who is handling the case, disagreed and rejected the motion two weeks ago. Mr. Trump’s lawyers challenged her decision in the normal way in front of a federal appeals court in Washington and also asked her to freeze the case while the appeal was being heard.Mr. Smith asked the Supreme Court to step in front of an appeals court to rule on former President Donald J. Trump’s claims of immunity.Haiyun Jiang for The New York TimesWhile the lawyers obviously hoped to win the appeal, they also had another goal: to drag out the process for as long as possible and postpone a trial on the election interference charges.It was that delay strategy that appeared to underlie Mr. Smith’s second request to the Supreme Court. He asked the justices not only to rule on the immunity issue before the lower appeals court did, but also to do so on an expedited basis.Mr. Smith told the justices that an ordinary, even a relatively fast, appeal could take too much time. And he expressed concern in particular about keeping the trial, now set to go before a jury on March 4, more or less on schedule.What could happen if the trial is delayed?It depends on whom you ask and how long the trial is postponed.A significant delay could push the trial into summer or fall — the heart of the 2024 campaign season. That could cause problems for Mr. Trump because he would be obliged to attend the trial in Washington every weekday for two or three months when he could be holding rallies or meeting voters.Mr. Trump would likely respond to such a situation by bringing his campaign to the steps of the federal courthouse. He would almost certainly hold daily news conferences in front of the television cameras that would await his exit from the courtroom and use them to deliver his political talking points and attack the legal proceeding. He has employed a similar strategy during the civil fraud trial in New York in which he is accused of inflating his company’s net worth.There could also be serious consequences, however, if the trial is pushed off until after the election.If that happens and Mr. Trump wins the race, he would suddenly have the power to order the charges to be dropped. Moreover, millions of voters would never get to hear the evidence that Mr. Smith’s team collected about Mr. Trump’s efforts to subvert the last election before making a decision about whether to elect him again.What do we know about whether the Supreme Court will take the case on an expedited basis?It would require only four of the nine justices to come together for Mr. Smith’s request to be granted. Shortly after Mr. Smith filed his petition, the court issued an order telling Mr. Trump’s legal team to respond with their opinions on the issue by Dec. 20. While the schedule the justices set gave no indication of whether they might ultimately take the case, it did seem to suggest that the court was not inclined to drag its feet in reaching a decision.A significant delay in the case could plunge the trial into the heart of Mr. Trump’s 2024 campaign.Hilary Swift for The New York TimesHistorically speaking, the Supreme Court has only rarely stepped in front of lower appeals courts by using the procedure known as “certiorari before judgment.” Before 2019, the court had not used the provision for 15 years, according to statistics compiled by Stephen Vladeck, a law professor at the University of Texas. But as of late last year, the court had used it 19 times since.The procedure has been used in cases involving national crises, like President Richard M. Nixon’s refusal to turn over tape recordings to a special prosecutor during a criminal investigation.Mr. Smith urged the court to use it in Mr. Trump’s criminal case as well, saying that the proceeding involved “issues of exceptional national importance.”How sympathetic has this Supreme Court been to Trump in such cases?While the court’s current majority has voted in favor of a number of staunchly conservative policies, from striking down abortion rights to reversing affirmative action, it has shown less of an appetite for supporting Mr. Trump’s attempts to monkey with the democratic process.Just months before Mr. Trump appointed his third Supreme Court justice, the court ruled by a 7-to-2 vote in 2020 that he had no absolute right to block the release of his financial records from investigators in a criminal inquiry.“No citizen, not even the president, is categorically above the common duty to produce evidence when called upon in a criminal proceeding,” Chief Justice John G. Roberts Jr. wrote for the majority.That same year, in a brief unsigned order, the court rejected a lawsuit filed by the state of Texas seeking to throw out the election results in four battleground states that Mr. Trump had lost. It also declined requests to review suits filed by pro-Trump lawyers claiming that voting machines across the country had been hacked by a cabal of foreign actors to flip votes away from Mr. Trump.Last year, the Supreme Court refused a request from Mr. Trump to block the release of White House records concerning the Jan. 6 attack on the Capitol, effectively rejecting his claims of executive privilege.The court’s unsigned order upheld the original decision made in the case by none other than Judge Chutkan. And she had scathing words for Mr. Trump in her initial decision rejecting his claims of executive privilege.“Presidents are not kings,” she wrote, “and plaintiff is not president.”What could happen next?If the Supreme Court takes the case and agrees with Mr. Trump’s immunity claims, then the indictment would be tossed out and there would be no trial on the election interference charges. But if the court hears the case and quickly sides with Mr. Smith, a trial would be held, likely before the election.On the other hand, if the justices decline to hear the case at this stage, then it would go back to the U.S. Court of Appeals for the District of Columbia Circuit. But the Supreme Court could eventually come back into the picture and consider challenges to the decision of the appeals court. More