Judge indefinitely delays Smith's case against Trump

 February 3, 2024

A judge has placed an indefinite hold on the so-called election interference case that special counsel Jack Smith has brought against former President Donald Trump. 

CBS News reports, "U.S. District Judge Tanya Chutkan on Friday officially tossed out the March 4 trial date in the federal case against former President Donald Trump related to the 2020 presidential election . . ."

This might just stop Smith from getting the thing that he wants most, namely, a criminal conviction of Trump before the 2024 general election.


This is all part of the so-called election interference case that Smith has brought against Trump in Washington, D.C.

Smith accuses Trump of having committed various crimes when he attempted to challenge the results of the 2020 presidential election. Trump, however, has pled not guilty, and he has accused Smith of running election interference on behalf of President Joe Biden.

The case has been placed on hold because an appellate court is currently considering whether Trump is immune from prosecution under the doctrine of presidential immunity.

Trump's defense

Trump has insisted that he is immune from prosecution under the doctrine of presidential immunity, but the problem is that the matter is anything but cut and dry.

In general, the doctrine prohibits a president from being prosecuted for certain actions that he took while in office. However, the specific details about how this doctrine works - including whether it even applies to Trump's situation - are unclear.

Currently, this defense is being considered by the appellate court, which is why Chutkan has placed the case on an indefinite hold.

What now?

There is no real telling when the appellate court is going to issue its decision. And, something else that has to be pointed out is that, when the appellate court does issue its decision, there is a virtual certainty that the losing side - whether it is Smith or Trump - will appeal the decision to the U.S. Supreme Court.

In other words, it could be some time before the trial picks back up at the district court level. It is not outside the realm of possibility that the trial could even be delayed until after the 2024 presidential election, which, many argue, would defeat Smith's purpose of getting a criminal conviction of Trump before the election.

"Timing is of the essence"

The Associated Press explains the importance of "timing."

The outlet reports:

For both sides, timing is of the essence. Trump, who faces four indictments and 91 felony counts, is looking to push his criminal cases back as he enjoys front-runner status in the race for the 2024 Republican presidential nomination. Smith's team, meanwhile, is hoping to be able to prosecute Trump this year before the November election. If Trump is elected while the case is pending, he could presumably order the Justice Department to drop it and could potentially try to seek a pardon for himself.

There is a very real possibility, now, that the first case Trump will face will be the New York one, which legal experts say is, by far, the weakest. This would be especially bad news for Biden, Smith, and the Democrats.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
© 2015 - 2024 Conservative Institute. All Rights Reserved.