Extension of key deadlines granted in Trump federal election interference case

By 
 August 11, 2024

Though he once appeared to have the utmost confidence in his ability to secure federal convictions against former President Donald Trump ahead of the November election, special counsel Jack Smith has continued to encounter hurdles along the way.

Now, as The Hill explains, Smith has requested – and been granted – additional time in order to assess how to proceed with his federal election interference case against Trump in light of the recent U.S. Supreme Court decision on presidential immunity, a ruling that could require significant revisions to his original indictment, as ABC News reports.

Judge grants extension

It was on Thursday that Smith made his formal request for an extension of time to conduct his own evaluation and formulate recommendations for how he would like to see the Trump case move forward, a task in which the Trump team was also engaged ahead of an existing deadline.

In the wake of the high court's ruling that granted Trump at least some immunity for acts deemed to have been part of his “official” duties in office, the matter was returned to the jurisdiction of Judge Tanya Chutkan, who agreed to Smith's request, which the former president's camp did not oppose.

Smith asked for a three-week halt to a number of impending deadlines, despite suggestions from some that he should press for a swift evidentiary hearing involving witness testimony, something many hoped would take place ahead of the Nov. 5 election.

In his filing seeking the delay, Smith wrote, “The Government continues to assess the new precedent set forth last month in the Supreme Court's decision in Trump v. United States.”

Smith's request went on, “Although those consultations are well underway, the Government has not finalized its position on the most appropriate schedule for the parties to brief issues related to the decision.”

Original schedule upended

Chutkan herself had originally targeted March 4 of this year as the date on which trial in this was would commence, but subsequent appeals yielded a series of lengthy delays, with the Supreme Court's July ruling all but guaranteeing that ultimate adjudication of the matter will stretch far past Election Day.

As the Associated Press reported last month, the high court justices did not dismiss the Trump indictment as the former president had hoped, but its ruling has forced Smith to contemplate significant alterations to the charges against him, and the newly-required judicial evaluation of whether the conduct at issue was “official” or “private” in nature has thrown a wrench into his plans.

The additional fact-finding required by the Supreme Court will likely prove to be a lengthy undertaking, and it is almost certain to prevent the resolution of open questions in time for a trial to start before November.

The ability of Trump -- or Smith -- to appeal any of the decisions that stem from that process renders a prompt progression to trial all the more unlikely.

Adding to Smith's woes is the fact that his classified documents case against Trump was dismissed in July by Federal District Judge Aileen Cannon, who determined that the special counsel's appointment to the role by Attorney General Merrick Garland was unconstitutional and though the government has suggested that it will continue to pursue the matter, progress has slowed to a crawl.

Trump's take

Given that they did not oppose Smith's request for additional time in the election interference case, Trump's attorneys assuredly understand the favorable complexities the Supreme Court's immunity ruling have introduced.

Trump himself has acknowledged as much, writing on his Truth Social platform, “It is clear that the Supreme Court's Historic Decision on Immunity demands and requires a Complete and Total Dismissal of ALL the Witch Hunts – The January 6th Hoax in Washington, D.C., the Manhattan D.A.'s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a 40 year old photo in a line with her then husband does not count!), and the Georgia “Perfect” Phone Call charges,” and though hopes for such a sweeping result may be overly optimistic, the former president will at least likely avoid federal trial before voters go to the polls.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson