Why Trump’s 'frivolous tactics to delay' documents trial are probably doomed: former prosecutor
11 June 2023
As Donald Trump heads to a Florida courtroom to be arraigned on 37 federal counts ranging from conspiracy to violations of the Espionage Act, he and his lawyers may find that his favorite legal tactic won't work for him this time.
In a column for MSNBC, former U.S. Attorney Joyce Vance wrote that the flood of legal problems the former president has been mired in during his four years in office and since he lost re-election have caught the eyes of judges who are now more than aware of his penchant for delays and running out the clock.
As Vance wrote, Trump could be in for a rude awakening if he thinks he can delay the DOJ's case closer to the 2024 election or after with the hope he won't be prosecuted as a sitting president should he be headed back to the Oval Office.
According to the former prosecutor, Trump is headed for a "brush with reality."
After writing, "more recently, the courts seem to be catching on," she added, "Increasingly, the judiciary seems to be on to Trump. That’s bad news for his lawyers as they prepare for his arraignment. Tuesday will be Trump’s introduction to the federal criminal justice system. He will be called upon to enter a plea in court. The issue of pretrial detention will be resolved, and while the former president is likely to be released, he will have to arrange for a bond if one is ordered and obey any conditions of release the judge sets."
However, she wrote, "he will not be able to use frivolous tactics to delay, at least not if the trial judge is wise to Trump’s history."
Worst still for Trump is that any delays and legal maneuvers will be subject to scrutiny by judges on the 11th Circuit Court of Appeals which has previously observed Trump's act when they stepped in and overruled Judge Aileen Cannon when she issued very pro-Trump rulings in December of last year.
As Vance explained, "As a result, Trump may have already damaged his credibility with the judges who will now handle the first level of any appeals stemming from his case. That should mean Trump is unlikely to get away with the sort of borderline-frivolous moves that he has often attempted. He will have to make legitimate legal arguments. To the extent that he does not have them, he will be out of luck."
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