Trump’s Latest Legal Delay Would Delay Smith Case Until Next Year
Donald Trump knew from the outset that if he had any hope of winning this election, he was going to have to get the federal cases against him pushed back to beyond the election.
His legal team has done a great job of dragging these cases out, now all but assuring Trump that not a single case will be inside a courtroom before next year.
The final maneuver was to ask for an extension on their response to the Smith appeal of the classified documents case ruling.
30-day Extension
Smith has all but waived the white flag in this case even though he is likely to win his appeal.
This is the case that was tossed by Judge Aileen Cannon, using the basis that Smith’s special counsel appointment was illegal.
I fully expect Smith to win the appeal, but he did not object to Trump’s request, so I am thinking he realizes the clock has run out on the idea of prosecuting Trump before the election.
Trump’s attorneys, in their motion, argued that with the election, Trump’s upcoming hush-money sentencing, the GA election interference, and the January 6 case all on deck, they did not have the time to properly prepare Trump’s response to the Smith appeal.
When they entered their motion, Smith’s legal team responded, "Without expressing a view on whether appellees have established good cause, the government does not oppose appellees' 30-day extension request."
That being the case, the delay will more than likely be approved, which sets the case back until next year.
If Smith wins his appeal, and I suspect he will, Trump will likely take the case to the Supreme Court.
Even there, however, I do not expect him to succeed in having Smith ruled to be an illegal appointment.
As I have stated in past reports, this issue was heavily litigated decades ago, and the authority of the Attorney General to appoint a special counsel has not been questioned since until now.
And if the court reinstates the case, I would fully expect Smith to try to have Cannon removed from the bench.
