Legal Experts: Smith Delay Is to Develop Winning Strategy in Trump Election Case

Last week, Special Counsel Jack Smith asked the court to delay his case moving forward.

The delay was perceived as a win for Trump by many legal experts.

One, however, says that is hardly the case.

Putting the Case Together

Several months ago, Judge Chutkan halted the Trump case due to the presidential immunity claims.

That challenge went exactly as I stated.

The court regurgitated previous decisions that presidents have immunity for official acts as president, but not acts that are perceived as those of a private citizen.

For instance, a bombing based on bad intelligence would not result in a president being brought up on murder charges.

The Supreme Court sent the case back to the lower courts to define Trump's alleged crimes so that the decision could be made whether they were official acts or not.

Legal analyst Joyce Vance, a former U.S. attorney under the Obama administration, believes the delay in the case will help Smith more than Trump.

The benefit for Trump was that the case would not see the inside of a courtroom before the election.

However, Vance believes that Smith needed that delay to successfully prosecute Trump.

She stated, "This case will go back on appeal before there's a trial. The Supreme Court has said, and rightly so, that the point of having immunity is that you shouldn't have to go to trial in violation of that immunity.

“So, the Supreme Court or at least the appellate courts will double-check anything that Judge Chutkan does here before it moves on."

Vance continued, "Jack Smith has his own obligations under DOJ rules.

“He's obligated to consult with a number of different components and have everyone sign off on his final strategy. That's the really cumbersome part of being at the Justice Department.”

If you have been reading my reports on this from the outset, you know I believe this is the one case that really thought had teeth against Trump.

I just don’t see how the court would ever rule that the rally held that day, which is where the charges originate from, will be deemed to be the actions of a sitting president.

For Trump, there is really only way out of this case… and that is to win the election while at the same time having the case scheduled to start in court after the inauguration.

Once in office, Trump cannot be put on trial until the end of his term, and that would only be the case if his Attorney General did not dismiss the charges, which is what most expect to happen.