Special counsel Jack Smith will have to rework his prosecution strategy following the Supreme Court's presidential immunity ruling, the Washington Examiner reported. This will likely delay the case Smith is prosecuting against former President Donald Trump.
U.S. District Judge Tanya Chutkan has granted Smith's request to move a filing deadline from Aug. 9 to Aug. 30 in light of the high court's ruling. Another hearing that will take place in person has been moved from Aug. 16 to Sept. 5.
This comes after months of delays, thanks to the Supreme Court's willingness to consider the question. Attorneys for the 2024 GOP presidential contender previously lobbied for delays, but now it's Smith who is pushing back on the timeline.
It's clear that Trump's adversaries were hoping to wrap up these cases before Election Day in November. Now, Smith is panicking as Trump is vindicated while proceedings will begin just 60 days before the candidate's most important date.
The left had hoped to put Trump on trial again during the campaign, but now it seems unlikely that it would be started before then. The decision to hold off on the prosecution frustrates some, who wonder why Smith is reluctant to proceed.
"The downside of delay is that [to] the extent that people think there could be a hearing, a factual hearing where we hear from witnesses, the more there’s a delay, the less likely that is going to happen before the election," Andrew Weissman, a former federal prosecutor, said. Moreover, Smith and the Justice Department will have to weigh the decision against all of its proceedings.
This takes time away from prosecuting the case against when it would be most beneficial to do so in this election cycle. Trump also benefits from a new defense that could threaten any charges against him.
Before the immunity ruling, Trump was facing conspiracy charges and witness tampering in connection with his alleged attempt to overturn the 2020 election results. Smith could choose to toss out the charges completely or revise the indictment.
However, since Trump could be immune from most of the crimes outlined by the prosecution, perhaps Smith will decide instead to go after his surrogates to save face. The conspiracy aspect of the charges gives him cover to do so, and it may be the only avenue he has left if he's still interested in getting someone on the hook.
Although it's true that Trump's immunity has complicated Smith's prosecution strategy, the decision to back off could be blatantly political. Leftists are already afraid that if Trump retakes the White House, he'll have the federal indictments dismissed.
This may be a deciding factor for Smith's decision to hold off for now. He likely sees a new avenue for legal victory if Vice President Kamala Harris, Trump's Democratic opponent, wins in November.
"Even if there’s nothing that happens between now and the election, if she is elected, this case is going to go forward," Weissmann predicted. After all, a defeated Trump will be subject to Harris' Justice Department, and Smith will have the mandate to proceed as he wishes.
If that's the case, Trump could easily see himself dragged into court over Smith's cases and more. Smith may be biding his time right now as the battle between the two candidates plays out.
It's disgraceful that Trump has been dragged into court so many times over ridiculous charges. Whether that will continue is partially up to Smith but also in the hands of voters who can stop this madness by voting Trump in as the president.
