Jack Smith January 6 Case Delayed Until After Election Day

Donald Trump just caught a huge break in the January 6 case brought by Special Counsel Jack Smith, being presided over by Judge Tanya Chutkan.

Chutkan set a deadline for both sides to have their replies and paperwork filed by November 7, which is after the election, then there are still motion hearings and such that would take place, giving Trump a huge break.

However, it is not all strawberries and whipped cream for Trump.

Not Over Yet

This was great news for Trump, sort of, but he is going to take some lumps along the way.

Trump may not be in the courtroom, but he is going to be tried in the court of public opinion.

With the schedule, Smith can still release the evidence against Trump before the election, likely to come out later this month, serving as Trump’s October surprise.

The new filing date for this is September 26, so this will clearly impact the election.

Among the items that could be presented are grand jury transcripts, but all this will be controlled by Chutkan.

In the superseding indictment, Trump is facing conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights

Trump did not attend the hearing, but his attorneys pleaded “not guilty” on Trump’s behalf.

With that November date, I don’t see an actual trial starting until next year, which really makes this interesting

Unless I am misunderstanding the law, a sitting president cannot be put on trial, which means if Trump wins, all these cases get put on hold until he completes his term.

For the federal cases, Trump’s Attorney General could dismiss the charges, but that would likely result in impeachment charges by Democrats, especially if they retake the House.

For those of you thinking presidential immunity will come into play of the case will be dismissed like the classified documents case, forget about it.

First, that rally and anything that Trump did that day will be deemed to have been acts of a presidential candidate or private citizen by Chutkan, so there goes immunity.

Second, Cannon’s decision to dismiss the case was flawed, likely to be overturned on appeal, as it goes against about six decades of precedent for an issue that was thoroughly litigated in the 1970s.

If Smith’s appointment was illegal, then so was the appointment of every special counsel for the last 50 years or so, including that if John Durham by William Barr, and there is no way the court will allow all of that to be overturned.