Georgia Trial Should Be Delayed—To 2029

Topline

A lawyer for former President Donald Trump argued Friday that if Trump wins the 2024 presidential election, he should not face a criminal trial in the Georgia racketeering case until after he completes his second term.

Sadow reportedly cited the supremacy clause in his argument to delay the trial to 2029.

John David Mercer/USA Today via AP

Key Facts

Steve Sadow, Trump’s defense attorney in the Georgia case—where the former president, along with some of his allies, are accused of attempting to overturn the 2020 election—said he believed the trial should take place in 2029, after he finishes serving his term, multiple outlets reported Friday.

Sadow reportedly cited the supremacy clause in his argument, which says federal law is “supreme” over contrary state laws, saying Trump could not be tried until after he left office (it’s still unclear whether a president would be protected from prosecution while in office).

Sadow reportedly made his comments in response to the judge in the case asking about the timing of the potential trial.

Fulton County prosecutors pushed back at Sadow’s argument and previously said they wanted the trial to begin August 2024, a request Sadow reportedly called “the most effective election interference in the history of the United States,” since the former president would not be able to campaign while sitting trial.

What To Watch For

Judge Scott McAfee did not rule on the trial date Friday and said he did not plan to rule immediately on the questions that came up during Friday’s arguments.

Key Background

Discussions about when the Georgia case would go to trial have been ongoing, and have been made more complicated by the long list of co-defendants in the case. Some legal experts have said those circumstances make it unlikely Trump will go to trial in Georgia before the 2024 general election. Among the 13 charges Trump faces in Georgia are solicitation of violation of oath by a public office, and racketeering—he’s pleaded not guilty to all of the charges. He was charged alongside 18 other defendants, four of whom—Kenneth Cheseboro, Jenna Ellis, Scott Hall and Sidney Powell—have taken plea deals. In October, another six co-defendants were said to be speaking with the Fulton County DA’s office about plea agreements.

Tangent

Trump’s criminal prosecution in Georgia is one of four state and federal criminal cases he currently faces. The former president’s legal team has tried to delay all of the cases against him until after the 2024 election, though the other three cases—including two at the federal level and one in New York—are all scheduled to go to trial next year.

Big Number

76.5. That’s how many years Trump faces in prison if he receives the maximum sentence and is convicted of all 13 charges in the Georgia case.

Georgia Trial Should Be Delayed—To 2029—If Trump Is Elected