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Trump, Jack Smith Request Delay in 2020 Election Case

 August 9, 2024

In a recent development, former President Donald Trump’s legal team and special counsel Jack Smith have requested a three-week delay in the proceedings of the federal 2020 election subversion case.

The request for delay -- signed on to by Smith -- aims to allow both parties to evaluate the implications of the U.S. Supreme Court’s recent decision on presidential immunity, as the Washington Examiner reports.

Supreme Court Ruling Prompts Delay

Both Trump’s attorneys and Smith requested a delay in light of the Supreme Court's ruling in Trump v. United States last month. This decision suggests that former presidents are immune from prosecution for acts considered “official.”

Jack Smith’s office has been consulting with other components of the Department of Justice to interpret and respond to the new precedent set by the ruling. These consultations are still ongoing, and the government has not yet finalized its position on the schedule.

In a joint status report to U.S. District Judge Tanya Chutkan, Smith’s office confirmed, “The Government continues to assess the new precedent set forth last month in the Supreme Court’s decision in Trump v. United States … including through consultation with other Department of Justice components.”

Timelines and Availability Impact Case Progress

Smith’s office has indicated its availability to proceed after Aug. 30. However, Trump’s defense team is unavailable on Sept. 6 and the week of Sept. 16 due to another ongoing case in New York. Trump’s counsel did not object to the government's request for an extension.

This case has already faced an eight-month delay due to Trump’s immunity appeal. Additionally, a hearing is scheduled for next Friday by U.S. District Judge Tanya Chutkan.

Legal experts believe that compounded delays could prevent the trial from occurring before the upcoming November presidential election.

In the report to Judge Chutkan, Smith's office noted, “Consultations are well underway,” but also highlighted that "the government has not finalized its position on the 'most appropriate schedule for the parties to brief issues related to the decision.'”

Supreme Court Decision Ripple Effects

The Supreme Court’s decision holds significant implications beyond the immediate trial. Notably, it affects Trump’s criminal conviction in a separate hush-money case in New York.

Former President Trump responded to the Supreme Court’s ruling by stating, “It is clear that the Supreme Court’s historic decision on immunity demands and requires a complete and total dismissal of all the witch hunts.”

Smith originally sought to have the trial occur before the election to ensure a public resolution of the case. However, with U.S. District Judge Tanya Chutkan regaining jurisdiction after a month-long delay, further scheduling complications have arisen.

Potential for Pre-Election Hearings

Due to these delays, there might be “mini-trials” or evidentiary hearings with live witnesses before the election. Such proceedings could offer the public insight into the case despite the overall trial’s postponement.

The Supreme Court’s decision in the Trump v. United States case was issued following a 6-3 vote. President Joe Biden has publicly supported legislative efforts to effectively overturn the ruling's practical effect.

In a separate but related legal matter, Smith’s federal documents handling indictment in Florida was recently dismissed by U.S. District Judge Aileen Cannon. The dismissal stemmed from concerns about the constitutionality Smith’s appointment to his current role, an issue currently under appeal.

Multiple Charges Faced by Trump

Trump faces several serious charges, including conspiracy to defraud the United States, witness tampering, conspiracy against citizens’ rights, and obstruction related to the results of the 2020 election. He pleaded not guilty to these charges in August of last year.

The ongoing legal challenges and new precedents are significantly impacting the timelines and strategies in the 2020 election subversion case. Both the legal teams and the Department of Justice continue to navigate these complexities as they await further clarity.

In summary, former President Donald Trump, along with special counsel Jack Smith, has requested a three-week delay in the 2020 election subversion proceedings to evaluate the implications of a recent Supreme Court decision on presidential immunity.

This request underscores the intricate legal landscape and ongoing adjustments in strategies influenced by new judicial precedents.