Special Counsel Jack Smith responded to Trump’s stall tactics in a new court filing, and he pulled no punches on the former president.
After careful consideration of the public interest and the parties’ proposals for a trial date in this case—including the defendant’s initial attempt to postpone trial for almost three years—the Court selected March 4, 2024, to begin trial. At every opportunity since, the defendant has tried to delay and disrupt the Court’s reasonable schedule working toward that date.
His newest delay tactic is to move the Court to “stay all proceedings in this case until the issues raised” in his presidential immunity dismissal motion, ECF No. 74, “are fully resolved.” ECF No. 128 at 1. The defendant’s motion cites general caselaw regarding immunity claims in the appellate context but provides no legal basis for the relief he seeks, which is effectively for the Court to immediately surrender its authority to manage this case. The Court should deny the defendant’s motion for a stay. In addition, the defendant’s stay motion exposes his intention to use his meritless immunity claim to disrupt the Court’s schedule. Accordingly, to prevent undue delay and maintain the trial
date, the Court should consider and decide first among the motions pending on the docket the defendant’s two claims that could be subject to interlocutory appeal: presidential immunity and double jeopardy.
In case you are wondering, Trump is still trying to argue in court that he has a special presidential that allows him to attempt to overthrow the United States government.
Jack Smith sees right through what Trump is doing, and so does Judge Chutkan.
Trump is trying to stall the case past the 2024 election in the hope that he can return to the White House and make the prosecution go away. Returning to the White House is the only escape that Trump has left. His legal remedies are few. The odds that he will convince four different juries to find him not guilty on 91 criminal counts are slim.
Jack Smith is pushing for Trump to get his day in court whether the former president wants it or not.
Jason is the managing editor. He is also a White House Press Pool and a Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association