Donald Trump's Cases Should Get Nixon Treatment: Ex-Attorney General

A former U.S attorney general said the federal cases involving former President Donald Trump should be fast-tracked in the courts like key decisions involving President Richard Nixon were.

Eric Holder, who was attorney general from 2009 to 2015, said the cases against Trump need to be heard before the November election. Legal maneuvers by Trump's lawyers have held up the federal election case brought by Special Counsel Jack Smith in Washington, D.C. Smith also brought charges against Trump in the classified documents case in Florida.

The U.S. Supreme Court will at some point decide if Trump is immune from prosecution for crimes he is alleged to have committed as president. The D.C. Court of Appeals may rule on the election case on January 26, but either side is likely to appeal the decision, sending it to the Supreme Court.

The process will jeopardize the March 4 federal election case start date and Holder said it should be prioritized by the courts.

"I think that once Jack Smith was brought onto the case that the case has moved in I think a very fast manner and they moved things along..." said Holder, who was appointed by President Barack Obama. "I think the judicial process needs to proceed in such way that the American people have this vital piece of information before them before they actually cast [votes].

"The emphasis now has to be on the judicial system, to try to make sure that they process these cases quickly as possible. These cases can be designated in such a way that they are fast-tracked....It certainly happened in the Supreme Court with regard to the Nixon tapes case."

During the Nixon presidency, the Watergate scandal was threatening the administration, and prosecutors asked that tapes be fully released to be used in the prosecution of some of his aides. Within two months, the court issued a decision confirming that the entirety of the tapes must be handed over. Nixon announced his resignation on August 8, 1974.

Newsweek has reached out to Smith's office and one of Trump's attorneys via email for comment.

Similarly, the court acted quickly to rule on a recount dispute involving the 2000 presidential election between George W. Bush and Al Gore. The decision, in Bush's favor, essentially decided the election.

Trump's lawyers argue that proceedings against the former president are unconstitutional and that there is no precedent. In a filing on December 23 in the Washington elections case, attorneys said the "president's acts are not examinable by a judicial branch."

Smith has already appealed to the Supreme Court to have the immunity question heard, deeming it more than likely to end up there in the appeals process. He cited the Nixon case to the court, arguing that "the Court faced comparably significant issues involving the presidency." The court denied Smith's request.

In Washington, D.C., Trump is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights. The charges relate to Trump's alleged attempts to overturn the results of the 2020 presidential election. He continues to deny all charges and says they are politically motivated.

Trump is facing 91 criminal charges across four indictments in Florida, Georgia, New York and Washington, D.C. There also are court decisions on Trump's eligibility to be made by the justices after the 45th president was struck from the 2024 primary ballot in Colorado as well as Maine.