'Delay is worrisome': Legal expert concerned no decision yet made on Trump immunity

The ongoing delay in an appeals court decision on Donald Trump's immunity claims has raised some concerns.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments Jan. 9 on Trump's broad claim of presidential immunity in the federal election interference case brought by special counsel Jack Smith, and legal analyst Harry Litman was among many experts who had expected a decision by now.

"The delay in the D.C. circuit opinion on immunity is worrisome not just, and not even primarily, because of the passage of days," Litman said. "It’s more because it augurs a divided (Henderson writing separately?) or complicated rationale that could lead to additional delays."

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Litman was referring to Republican-appointed judge Karen Henderson, who raised the possibility during oral arguments that the case could be sent back to the trial court to analyze whether Trump's actions could be considered official acts as president — which could impact his immunity claim and possibly delay the trial that's scheduled to start in early March.