Depending on the justices’ actions, the election interference case could go to trial in Federal District Court in Washington as early as April or it could be delayed until after the election. If that occurs and Mr. Trump wins, he could ask his Justice Department to throw the charges out. Even if the charges were left in place, the proceedings against him could be frozen for as long as he is in office, under a longstanding Justice Department policy against prosecution a sitting president.
Judge Henderson has generally shown herself to be more willing than some of her colleagues on the appeals court to rule in ways favorable to Mr. Trump.
In November 2019, she was among the dissenters in an 8-to-3 decision by the full appeals court that Mr. Trump’s accounting firm must turn over eight years of his financial records to Congress.
She was also part of a panel that ruled in February 2020 that Mr. Trump’s former White House counsel, Donald F. McGahn II, was immune from being subpoenaed to testify before the House. Several months later, the full court reversed that decision.
And in June 2020, Judge Henderson was part of a panel that ordered a district court judge to immediately dismiss a case against Mr. Trump’s former national security adviser, Michael T. Flynn. That would have blocked the district court judge’s plan to scrutinize the circumstances by which the Trump-era Justice Department sought dismissal of the case even though Mr. Flynn had pleaded guilty. The full appeals court reversed that decision over her objections, too.
In August 2022, Judge Henderson did join a ruling that delivered a setback to Mr. Trump. The decision allowed the House to gain access to Mr. Trump’s tax records. But in a separate opinion, she expressed unease about “Congress’s potential and incentive to threaten a sitting president with a post-presidency” request for tax returns “to influence the president while in office.”