Though there’s no evidence Biden has had any influence on the case, Trump’s argument could resonate with Republican voters in Iowa as they prepare to launch the presidential nomination process. This artist sketch depicts former President Donald Trump, seated right, listening as his attorney D. John Sauer, standing, speaks before the D.C. But because no former president before Trump has ever been indicted, courts have never before addressed whether that protection extends to criminal prosecution. Circuit Court of Appeals at the federal courthouse in Washington, with attorneys John Lauro, left, and D. John Sauer, right. He faces three other criminal cases, in state and federal court, though the Washington case is scheduled for trial first.