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Jonathan Turley: How The Supreme Court Ruined Jack Smith’s Holiday

Jack Smith just asked Santa for one thing and that was a conviction of Trump in March in order to interfere with the 2024 election. He asked the court to expedite a hearing into Trump’s assertion that he is covered by immunity. He wanted to bypass the DC Court of appeals. Had he been successful, he could have met the March date, but now the DC court will hear the case first, but not until January. Even if they rule in Smith’s favor the case will have to go to0 the Supreme Court.

Jonathan Turley lays out the facts and reveals why this could be a disaster for Smith. Turley told “America Reports” co-host John Roberts and guest co-host Jacqui Heinrich:

“The impact of this decision on Smith is going to be anything but good.”

“The reason he was so insistent on leapfrogging the D.C. Circuit is that he believes that this could end up endangering the March trial date. Now, that date, if you remember, was shoehorned by the court just before Super Tuesday. Everything has been frozen since the court looked at this question. So he may indeed lose that March date and then it’s a real problem. You go right over a cliff because this is a very jammed calendar. So it’s not clear if he could fit a trial between that date and the election.”

Judge Chutkan halted the pretrial due to the uncertainty of the merits of the argument by Trump’s attorneys. Trump has been charged with four counts because he questioned a rigged election.

More From Jonathan Turley:

“The problem for Jack Smith is that he knows that whatever the D.C. circuit decides, there’s likely to be an appeal. So, he was willing to give up what many people assumed would be a favorable decision in order to maximize a favorable calendar. Now, what happens now is not going to work as planned for Jack Smith. Once they hear this case in January, they have to write the opinion, they’ll do that as quickly as possible. But then, Trump’s people can do what’s called an appeal en banc, which is to ask the court as a whole to look at this question before they appeal to the Supreme Court. That will take time. And then if they en banc accept the case, he’ll never see a March trial. So then at that point, the Trump people can apply to the Supreme Court. So there’s a lot of runway now between him and that March date that he’s got to be able to cross, and the odds are he’s not going to be able to stick the landing.”

“Keep in mind, because everything has been frozen in D.C., there’s a lot of work that still has to be done for the trial. So as soon as all of this is done, it’s got to go back to the court and they’ve got to decide what they have time for, in terms of that trial. So the odds if you are going to Vegas right now are not on Jack Smith for a March trial.”

 

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