The federal prosecution of former President Donald Trump concerning his alleged attempts to subvert the 2020 election results faces a new challenge with less than three months before the next election. The complexity of a recent Supreme Court ruling on presidential immunity has prompted the special counsel, Jack Smith, to request a three-week delay in the case.

 

On Thursday, prosecutors from Smith's team asked for more time to analyze the Supreme Court's ruling, which was handed down last month, asserting that presidents have broad immunity from prosecution for actions taken while in office. The ruling complicates the proceedings against Trump, who has been accused of obstructing the 2020 election results.

 

U.S. District Judge Tanya S. Chutkan, who is overseeing the case in Washington, D.C., had previously set a deadline for both sides to propose their plans for moving forward and scheduled a hearing for August 16. However, the recent Supreme Court decision has shifted the landscape of the case, leading to the request for additional time.

 

Last month, the Supreme Court ruled 6-3 along ideological lines that former presidents, including Trump, are absolutely immune from prosecution for actions that are part of their core constitutional duties. However, the ruling also leaves room for exceptions in cases involving private conduct or certain official acts. These exceptions are to be determined by lower courts, which adds to the complexity of Trump's case.

 

Smith’s team requested the delay to allow them until August 30 to brief the court on a proposed schedule for further proceedings. They also asked for a hearing to be set sometime in September. Notably, Trump's legal team did not object to the delay. By the time of the proposed new schedule, Trump will be in the final stretch of his campaign for the November election, where he is expected to be the Republican nominee facing off against Vice President Kamala Harris.

 

In a brief joint report submitted to Judge Chutkan, prosecutor Molly Gaston wrote on behalf of Smith’s office that the government is still assessing the implications of the Supreme Court's ruling. The report states that "the government continues to assess the new precedent" and is consulting internally within the Justice Department. However, the government's position on the most appropriate schedule for the parties to brief the issues related to the decision has not yet been finalized.

 

Judge Chutkan is expected to rely heavily on the submissions from both parties as she determines which, if any, of Trump's actions to overturn the 2020 election are prosecutable. Given the complexity of the issues at hand and the potential for further appeals, it is unlikely that a trial will take place before the November election. Whatever decision Judge Chutkan makes is expected to be appealed, potentially bringing the case back before the Supreme Court next year.

 

Credit: W.P.  2024-08-10

 

 

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Apparently Smith wants his "get Trump on anything" case to occur when it will be more disruptive to Trump's election campaign.

7 minutes ago, thaibeachlovers said:

Apparently Smith wants his "get Trump on anything" case to occur when it will be more disruptive to Trump's election campaign.

Naa it’s more about his coup attempt and his blatant disregard of our national security in the documents case

Either Smith is adjusting his indictment to comply with the SCOTUS ruling, new evidence has come to light, or he has a newly cooperating witness.

 

Smith asking for a delay is not good for Trump.

6 hours ago, thaibeachlovers said:

Apparently Smith wants his "get Trump on anything" case to occur when it will be more disruptive to Trump's election campaign.

WTF is he still doing there?  He was not properly appointed.  4 years will not be enough time for Trump to do what needs to be done to rid the Government of the Marxist infestation.

Headline should read : Illegally appointed prosecutor seeks delay to get Go-fund-me page running to pay stolen funds

oh dear all the conspiracy judgments.... or maybe it is just a prosecutor evaluating a new ruling from SCOTUS....I just dislike logic.

11 hours ago, thaibeachlovers said:

Apparently Smith wants his "get Trump on anything" case to occur when it will be more disruptive to Trump's election campaign.

Sure! Poor Trump has been trying for months to get his trial done and clear his name, while Smith has been continuously delaying it!

Oh wait! 🤣

13 hours ago, candide said:

Sure! Poor Trump has been trying for months to get his trial done and clear his name, while Smith has been continuously delaying it!

Oh wait! 🤣

🎯 

      Whichever way you slice it, election subversion should never be considered to fall under the 'official duties' of a president.  

• The liberal lefties just can't help themselves... this delay will backfire and give trump more exposure to the sympathy voters... it will paint the libs badly