Norman Eisen is the co-founder and a board member of States United Action, a nonpartisan group dedicated to free, fair, secure elections. Eisen previously served as a U.S. ambassador and in senior White House and congressional staff roles.
The Supreme Court’s decision to take up Donald Trump’s presidential immunity appeal sets up the final adjudication for the jaw-dropping claim that the former president is protected from criminal prosecution. The court has framed the question in such a way that it is almost certain it will reject Trump’s outlandish position. The real question is whether the court will unduly delay resolution of the appeal and push a verdict past Election Day.
That is what the court did in U.S. v. Nixon, when it made its ruling just 16 days after oral argument. On that timetable, the appeal would be resolved in early May and the trial could begin in early August. Once the Supreme Court issues its ruling, the district court stay will immediately be lifted. At that point, the schedule of the pretrial proceedings will be left up to Judge Tanya Chutkan.
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