Robert Reich: Here’s How Trump Will Try To Avoid Jail – OpEd


The key date to keep in mind is January 20, 2025. Trump’s main legal defense will be to stall the start of any trial until after that date. 

He’ll argue that it is impossible for him to get a fair trial as the leading Republican candidate for president.

If U.S. District Court Judge Tanya Chutkan rejects Trump’s motion to delay, his lawyers will appeal her decision to the District of Columbia Court of Appeals. If the D.C Court of Appeals rejects the motion, he’ll appeal to the Supreme Court.

Given the makeup of the current Supreme Court, a majority of the justices are likely to go along with Trump’s argument and stay the commencement of the case until the next president is sworn in. (They will not recuse themselves.)

If the trial commences before January 20, 2025, Trump will try to slow it down with procedural motions, which, if denied by Judge Churkan, will then be appealed all the way to the Supreme Court.

The point of both strategies will be to enable Trump to center his 2024 campaign on his alleged persecution by the “Deep State.”

As he wrote to his supporters on Tuesday night, “If these illegal persecutions succeed, if they’re allowed to set fire to the law, then it will not stop with me. Their grip will close even tighter around YOU. It’s not just my freedom on the line, but yours as well — and I will NEVER let them take it from you.”

If he wins the election, he’ll be able to end the case with either a pliable new Attorney General or a self-pardon. (In the unlikely event that one of his rivals for the GOP nomination is elected, they – including Ron DeSantis — have already promised to pardon him.)

If Trump loses the election, he’ll have put Joe Biden under enormous pressure to pardon him, in order to “heal” the nation. Anyone remember Gerald Ford?

What do you think?

This article was published at Robert Reich’s Substack

Robert Reich

Robert B. Reich is Chancellor's Professor of Public Policy at the University of California at Berkeley and Senior Fellow at the Blum Center for Developing Economies, and writes at Reich served as Secretary of Labor in the Clinton administration, for which Time Magazine named him one of the ten most effective cabinet secretaries of the twentieth century. He has written fifteen books, including the best sellers "Aftershock", "The Work of Nations," and"Beyond Outrage," and, his most recent, "The Common Good," which is available in bookstores now. He is also a founding editor of the American Prospect magazine, chairman of Common Cause, a member of the American Academy of Arts and Sciences, and co-creator of the award-winning documentary, "Inequality For All." He's co-creator of the Netflix original documentary "Saving Capitalism," which is streaming now.

One thought on “Robert Reich: Here’s How Trump Will Try To Avoid Jail – OpEd

  • August 5, 2023 at 2:02 am

    I think to truly heal the nation all trials have to be completed and the sentence put into place. Republicans by far have to support this. We are a nation of laws. If Trump is pardoned then it shows a negative light on our courts. If I am sentenced where is my pardon? Thanks


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