By
G. McConway
|
August 31, 2023

How Can Trump Get Jack Smith Case Delayed?

One of the biggest and possibly most damaging cases against Donald Trump is currently slated to start on March 4.

This is the January 6 case, which could literally knock Trump out of the race.

Due to the ramifications of a guilty verdict, I would prefer this case started as soon as possible and be resolved by the first primary and caucus, but the judge decided to set the trial date on the eve of Super Tuesday.

Trump’s team, however, will do everything it can do push this trial back as far as possible, hoping the entire campaign season is over by the time Trump has to go to court.

Push It Back, Shove It Back, Way Back

When Judge Chutkan set March 4 as the date, we stated right then and there that Trump would push this back, or at least try.

His team will argue that due to the complexity of the case and the sheer volume of evidence they were given in discovery, it will take significantly longer than six months to go through the evidence and put together a defense strategy.

Trump attorney John Lauro, in fact, made that exact argument on Monday.

Trump’s team is going to file all kinds of motions, including an interlocutory appeal, which is virtually impossible to win. In plain English, they will be presenting a case to an appeals court in the hopes of having the case reviewed by the appeals court before the trial occurs and a verdict is rendered.

CNN legal analyst Elie Honig, a former federal prosecutor, stated, “It is very difficult to successfully file an interlocutory appeal – to appeal before a verdict has been rendered – and even if he does, that doesn’t necessarily put all the trial prep on pause.”

They are also going to file a motion to claim executive immunity.

Lauro argued, “The indictment essentially indicts President Trump for being President Trump and faithfully executing the laws and executing on his take care obligations.”

He continued, “So we’re going to have a very, very unique and extensive motion that deals with executive immunity.”

My guess is that if Chutkan has a shred of legal doctrine that will enable her to shoot down these motions, she will do so and do so rapidly, but these motions are the only hope that Trump has of extending this case past the election.

Worst-case for the GOP… this case comes to a conclusion after the primary and just before the general election, and Trump is found guilty, and then disqualified from holding office.

If that happens, it will be all but impossible to put a campaign together for another candidate in time to beat Joe Biden.

Add in the fact that Trump will be on the warpath, likely telling his supporters to sit out the election in protest, and Biden will end up getting another four years to utterly destroy this country.

I can say without a doubt, that if Trump wins this nomination, we will all be sitting on pins and needles as these cases play out in fear of having our world turned upside by Jack Smith and biased judges.

 

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