Jack Smith is hoping he’s got one last trick up his sleeve for Donald Trump before the election.
Now he’s racing to get a trial started at the peak of campaign season.
And Jack Smith was furious when a prosecutor gave him this bad news about the Trump case.
Jack Smith has one case left against Donald Trump
Special Counsel Jack Smith entered 2024 with high hopes that he could put former President Donald Trump on trial before Election Day in one of his two criminal cases.
But Smith and his rogue band of prosecutors have watched their legal witch hunt get derailed.
District Court Judge Aileen Cannon dismissed the criminal case against Trump for allegedly mishandling classified documents because Smith was unlawfully appointed by Attorney General Merrick Garland.
Smith is clinging to hope that he can get his case against the former President over January 6 started as soon as possible.
The case was paused while the Supreme Court heard Trump’s Presidential immunity challenge.
A Supreme Court ruling found that Presidents have absolute immunity from criminal charges for official acts while committed in office.
Now, D.C. District Court Judge Tanya Chutkan has restarted the case after it was on hold awaiting the Presidential immunity ruling.
Democrats are giddy that Smith could get one last crack at Trump before Election Day.
Former federal prosecutor crushes the dreams of MSNBC viewers
Former federal prosecutor Joyce Vance predicted that there was no possibility that Trump’s January 6 case would happen before Election Day, during an appearance on MSNBC’s Morning Joe.
“There’s absolutely no chance this one is getting to trial, Jonathan,” Vance told MSNBC host Jonathan Lemire.
Vance explained that deciding which of Trump’s actions on January 6, 2021, were considered official acts would be subjected to appeals.
“And that’s because the way the Supreme Court structured this decision, Judge Chutkan will make her rulings and if she permits any of the charges to go forward, any of the allegations in the indictment to remain in place, indicates that the government can use any of this evidence, despite Trump’s claims that it’s all now cloaked in presidential immunity, there will be a round two appeal,” Vance explained.
Trump’s legal team can appeal anything that Judge Chutkan allows to move forward in the case as protected by Presidential immunity.
“Because the way immunity works, and the Supreme Court makes this clear, the whole point of having immunity is you shouldn’t have to stand trial for charges that you have immunity from,” Vance stated. “So Trump will inevitably take objection to anything that she permits to move forward . . . This case will not happen quickly.”
Chutkan rejected a motion from Trump’s legal team to have the entire case thrown out because of “vindictive” prosecution.
Fulton County District Attorney Fani Willis’ criminal case against Trump and his allies for challenging the 2020 Election in Georgia is on hold while the George Court of Appeals decides whether to disqualify Willis for her improper relationship scandal.
“There’s no way this case gets tried before the end of 2024, may not get tried ever if Donald Trump and the other defendants win on this appeal,” CNN senior legal analyst Elie Honig said in June.
Democrats have watched their plan to upend the election with lawfare fizzle out.
