Looks like Jack Smith is up to something
Several days ago the Supreme Court formally gave Judge Tanya Chutkan the all clear to proceed with Donald Trump’s criminal trial, subject to it bizarre ruling that presidential crimes can only be prosecuted for unofficial acts. Accordingly, Chutkan scheduled a hearing for tomorrow in order to get the trial ball rolling again.
But now, in a surprise move, Jack Smith is asking Judge Chutkan to delay the hearing until the end of this month. This is… unusual. Defendants like Trump seek delays in the hope of never getting to trial. But prosecutors don’t suddenly seek a three week delay on the eve of a hearing unless they have a particularly good reason. Which means Smith must have a particularly good reason.
It’s easy to speculate about what might be going on, but it would be difficult to guess correctly. Jack Smith could be working on some novel approach to how he’s going to bring the amended charges against Trump in order to keep the Supreme Court from trying to meddle with it again. Or perhaps Smith has cut a new cooperation deal with someone and needs more time. It could be anything. But it’s certainly not nothing. We’ll find out soon enough what Smith has up his sleeve.
Remember, at this point there’s no chance of Trump’s Washington DC trial happening before election day. But if Trump loses the election, his trial will definitely happen in 2025 (along with his other two pending trials) and he’ll go to prison if he’s convicted in any of them. So at this point it’s not about haste for Jack Smith. It’s about finding the right angle for truly nailing Trump.
Meanwhile Donald Trump’s sentencing hearing in his New York criminal case, where he’s been convicted on thirty-four felonies, remains on track for September 18th. That’s just eight days after he’s supposed to debate Kamala Harris.
