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Legal experts “worried” DC appeal delay could mean Trump “losing that battle but winning the war”
Legal observers are getting restless awaiting a D.C. Circuit Court of Appeals ruling on former President Donald Trump’s immunity claim in the D.C. election subversion case.
Proceedings in the case have been paused indefinitely for more than 50 days after Trump appealed U.S. District Judge Tanya Chutkan’s ruling rejecting his claim that presidential immunity protects him from prosecution for actions while in office.
A three-judge D.C. Circuit panel heard the appeal three weeks ago but has yet to issue a ruling. Any ruling is expected to be appealed to the Supreme Court.
Even if Trump’s immunity claim is rejected, “the protracted delays help the former president, whose strategy across his various trials has been to drag them out for as long as possible,” Politico’s Kyle Cheney and Josh Gerstein wrote. “Lengthy delays in his federal criminal cases create the possibility that, if he wins the presidency this November, Trump could avoid the charges altogether by having the Justice Department end the prosecutions or perhaps even by pardoning himself.”
Chutkan scheduled the trial for March 4 but suggested that the case is likely to be delayed in a recent order barring special counsel Jack Smith from filing substantive motions in the case until the appeal is resolved. If the D.C. Circuit and then the Supreme Court take additional weeks or months to deliver a final ruling, it could push Trump’s trial to the summer or fall, Politico reported, noting that at that point Trump and his allies would “exert intense pressure” to postpone the trial until after the election.
“The timing of a decision by the panel will indeed be a critical determinant of whether the case can go forward expeditiously,” Daniel Richman, a Columbia University law professor, told Politico.
Richman said Trump’s immunity claim is “outlandish” and is likely to be rejected but “quite a few stars would have to align before the trial can proceed.”
The delay has alarmed some legal experts.
Former federal prosecutor Andrew Weissmann, who served on special counsel Bob Mueller’s team, wrote that he and his podcast co-host Mary McCord, a Georgetown law professor and former DOJ official, are “worried” that the D.C. immunity appeal “could result in Trump losing that battle but winning the war, by avoiding a trial before the election.”
MSNBC legal analyst Lisa Rubin suggested that there may be some disagreement among the three appellate judges about what to do with the case.
“My guess is these three judges have a general agreement between them that Donald Trump should not be immune from prosecution in the federal election interference case,” Rubin said Wednesday. “How they get there, on the other hand, is a different matter. And in the ideal world, all three of them would like to be in total agreement. They’d like to issue what’s called a per curiam agreement, where all three of them get to sign on, but of course, there are many different paths to getting there.”
Judge Karen Henderson, a George H.W. Bush appointee, expressed opposition to taking up the case on an expedited basis and suggested the case could be sent back to the trial court for more analysis of whether Trump’s actions could be considered official acts.
“One judge suggested during an argument that what really matters to her is the allegations against Trump are ones that affect his duties, or that affect him in the campaign capacity, and suggested almost that you really had to parse the indictment,” Rubin explained. “That would be the worst of all worlds, because that can mean sending the case back to Judge Chutkan to determine which aspects of the indictment are worthy of immunity and which are not. And that could even further elongate case beyond the appellate process.
“So I think that’s behind the scenes, the two judges would like to get there, in an easier way more akin to Judge Chutkan, are really putting some pressure on Judge Henderson to try to get on board and see if they could do something unanimously,” she added.
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CNN legal analyst Elliott Williams, a former federal prosecutor, predicted that the judges are likely trying to reach a “unanimous decision.”
“Based on the oral argument they all seem to be in an agreement,” Williams said. “They’ll probably try to get a 3-0 opinion and that’s bulletproof once that goes to the Supreme Court,” he added.
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Americans Exposed to Hantavirus on Cruise Ship Arrive in United States
Eighteen passengers who were aboard the MV Hondius, a cruise ship with a deadly hantavirus outbreak, landed in Omaha on a U.S. government medical flight. The passengers were being monitored at medical facilities in Nebraska and Georgia.
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We’re working diligently to ensure no one leaves the security in an unsecured way at an inappropriate time. No one who poses a risk to public health is walking out the front door of the streets of Omaha or beyond.
By Axel Boada
May 11, 2026
The man charged with attempting to assassinate President Donald Trump at the White House Correspondents’ Association dinner last month pleaded not guilty at a Monday arraignment in federal court.
Cole Tomas Allen, 31, wearing an orange shirt and trousers, was handcuffed and shackled as he was brought into the courtroom in Washington, D.C., federal court. His handcuffs were attached to a chain around his waist, which clanked as he was led to the defense table.
Speaking on behalf of Allen, federal public defender Tezira Abe said her client “pleads not guilty to all four counts as charged,” including attempting to assassinate the president of the United States, in connection with the April 25 incident at the Washington Hilton hotel.
Assistant U.S. Attorney Charles Jones advised the court that they plan to start producing their first tranche of discovery to the defense by the end of the week.
Officials said Allen, a California teacher and engineer, was armed with multiple guns, as well as knives, when he sprinted through a security checkpoint near the event where Trump and other White House officials had gathered with journalists.
He was arrested after an exchange of gunfire with a U.S. Secret Service officer who fired at him multiple times, a criminal complaint said. Allen was not shot during the exchange. The officer, who was wearing a ballistic vest, was shot once in the chest, treated at a hospital and released.
Trump and top members of his Cabinet and Congress were quickly evacuated from the room as others ducked under tables.
Allen was initially charged with attempting to assassinate the president, transportation of a firearm and ammunition through interstate commerce with intent to commit a felony, and discharge of a firearm during a crime of violence. On Tuesday, a federal grand jury indicted him on a new charge in the shooting of a Secret Service agent.
Moments before the attack, Allen had sent his family members a note apologizing and criticizing Trump without mentioning the president by name, according to a transcript of some of his writings provided to NBC News by a senior administration official. Allen also wrote that “administration officials (not including Mr. Patel)” were “targets.”
He also appeared to have taken a selfie in his hotel room. Prosecutors said Allen, who was dressed in a black button-down shirt and black pants, was “wearing a small leather bag consistent in appearance with the ammunition-filled bag later recovered from his person,” as well as a shoulder holster, a sheathed knife, pliers and wire cutters.
Officials have said they believe Allen had traveled by train from California to Washington, D.C., before checking into the hotel.
Allen’s sister, Avriana Allen, told law enforcement that her brother would make radical comments and constantly referenced a plan to fix the world, but said their parents were unaware that he had firearms in the home and that he would regularly train at shooting ranges.
Records show that he had purchased a Maverick 12-gauge shotgun in August 2025 and an Armscor Precision .38 semiautomatic pistol in October 2023.
After his arrest, Allen told the FBI that he did not expect to survive the incident, according to Assistant U.S. Attorney Jocelyn Ballantine. He was briefly placed on suicide watch at the Washington, D.C., jail, where he’s being held.
Allen is expected to appear in court for a June 29 hearing.
At Monday’s arraignment, his legal team said they plan on asking for the “entire office” of the U.S. attorney for the District of Columbia to be recused because of U.S. Attorney Jeanine Pirro’s apparent involvement in the case in a “supervisory role.” Federal public defender Eugene Ohm said some of the evidence they receive from the government will further inform that decision.
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
Shake intensity
Pop. density
A cluster of earthquakes have struck near the U.S.-Mexico border, including ones with a 4.5 and 4.7 magnitude, according to the United States Geological Survey.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.
Aftershocks detected
Quakes and aftershocks within 100 miles
Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.
The New York Times
When quakes and aftershocks occurred
Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Saturday, May 9 at 11:55 p.m. Eastern. Aftershocks data is as of Sunday, May 10 at 11:54 p.m. Eastern.
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