Trump seeks to have criminal cases delayed until after election

December 3, 2023

A polling aggregate maintained by the website Real Clear Politics shows former President Donald Trump up by an average of two points over President Joe Biden. 

Yet in what would be a bombshell development, some observers say the outcome of next year’s election could be decided in a courtroom. 

Poll suggests battleground voters could be turned off by conviction

A poll released last month by The New York Times and Siena College found Trump pulling ahead of Biden in five out of six battleground states.

However, the survey also reported that roughly 6% of voters in those states would switch their support from Trump to Biden should the former president be convicted in one of his four criminal cases

That may explain why the former president’s lawyers have been arguing that his cases need to be delayed until after the 2024 race has concluded. 

Defense attorney calls Georgia case "election interference"

In an article published on Friday, The New York Times noted that Steven H. Sadow serves as Trump’s lead lawyer in Trump’s Georgia case, and he recently argued that it amounts to “election interference.”

“Can you imagine the notion of the Republican nominee for president not being able to campaign for the presidency because he is in some form or fashion in a courtroom defending himself?” Sadow asked.

He also pointed to Article VI, Paragraph 2 of the United States Constitution, which is known as the Supremacy Clause. It provides that the Constitution and federal law supersede state laws and constitutions. 

“Under the Supremacy Clause and its duty to the president of the United States, this trial would not take place at all until after he left his term of office,” Sadow said. 

Trump may turn to Supreme Court in D.C. case

Politico’s Playbook observed that Trump’s lawyers have made similar arguments in his Washington, D.C. case despite skepticism from Judge Tanya Chutkan. 

Playbook’s contributors argued this weekend that Trump will turn to the Supreme Court to “disrupt the schedule of the trial” and potentially push it back until after Americans have cast their ballots.

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