Jack Smith’s criminal cases against Donald Trump haven’t worked out as he planned.
Now he has one move left available to him that could get his witch hunt back on track.
And Jack Smith is facing one big decision that could turn 2024 upside down.
Jack Smith could still start a Trump trial before the election
Special Counsel Jack Smith’s mission is to try and secure a conviction against former President Donald Trump before the election.
Trump managed to make it out of Soros-backed Manhattan District Attorney Alvin Bragg’s Soviet-style show trial relatively unscathed politically.
A conviction in either of Smith’s cases for January 6 or allegedly mishandling classified documents could deal him more serious political harm.
The conventional wisdom has been that getting either one of the cases to trial before the election is a long shot.
Florida District Court Judge Aileen Cannon indefinitely postponed the trial in the classified documents while both parties work through their pretrial motions.
That case is virtually certain not to begin before the election – if it ever happens at all.
And Washington, D.C., District Court Judge Tanya Chutkan has paused the January 6 case while the Supreme Court considers Trump’s claim of Presidential immunity.
That Supreme Court ruling and the legal fallout from it could push that January 6 case past the election.
But former federal prosecutor Andy McCarthy said there was still a way to get that case to trial before the election during an appearance on the Fox News show, Cavuto Live.
No matter what the Supreme Court decision rules, there’s still some portion of Smith’s case not covered by Presidential immunity that he could move forward.
“Andy, that’s the distinction that’s really important here,” guest host Jackie DeAngelis said to McCarthy. “Some say the Supreme Court case for Trump is a long shot, that it’s just not possible for him to win. Others say even if he does win, in some ways he’ll lose because of the parameters that will probably come with it.”
“Jackie, to the extent that he’s been able to push this off as far as he has,” McCarthy said of Trump. “His goal, of course, is to try to get the case, the prosecution against him in Washington, pushed off beyond Election Day because if he wins the election and runs the Justice Department, he can basically get rid of the case.”
Trump’s lawyers left a sliver of an opening for Jack Smith at the Supreme Court
Trump’s attorney, John Sauer, conceded during oral arguments at the Supreme Court that the immunity question didn’t potentially cover all of Smith’s January 6 case.
“I don’t – what I think is going to happen here is that – is that Jack Smith is going to have a case when the Supreme Court rules, whether it’s a robust or a more narrow immunity that they find because he did, Trump’s lawyers did make concessions in the oral argument that a lot of the conduct in the indictment is not susceptible of an immunity claim,” McCarthy continued.
Smith can move forward with whatever he has and hopes that a Democrat judge and jury picked from the “Swamp” in Washington, D.C., will deliver a conviction.
“So if Smith is willing to go on trial with just that stuff, just the stuff that the Trump people even admit is not covered by immunity, I think he could try to push the case to trial prior to Election Day,” Smith added.
Jack Smith could have one last chance to deliver a conviction of Donald Trump before the election.
