Jack Smith Leaves Trump Trial Timeline to Judge’s Discretion
By Jake Beardslee ·
September 1, 2024
In a late-night filing on Friday, Special Counsel Jack Smith has left the decision on the timeline for Donald Trump's federal election case entirely up to U.S. District Judge Tanya Chutkan.
This move marks a significant shift from Smith's previous urgency in bringing the case to trial. Mark Hoffman/Milwaukee Journal Sentinel / USA TODAY NETWORK
The joint filing, submitted with Trump's attorneys, was in response to Judge Chutkan's request for guidance following the Supreme Court's recent ruling on presidential immunity, which has disrupted the case's progress. United States District Court for the District of Columbia
Smith's team emphasized in the filing, "The Court's decisions on how to manage its docket are firmly within its discretion." They added that they are ready to proceed "promptly at any time the Court deems appropriate." KATRIN BOLOVTSOVA / Pexels
This stance contrasts sharply with Smith's earlier push for a swift trial date and his December appeal to the Supreme Court for an expedited process, citing the case's extraordinary nature. Optimager / Wikimedia
The change in approach comes after the Supreme Court's July ruling, which effectively immunized Trump from significant portions of the evidence Smith planned to use.
This decision has forced prosecutors and the Justice Department to reassess their strategy. Gage Skidmore from Surprise, AZ, United States of America / Wikimedia
Trump's defense team, on the other hand, proposed a schedule that would extend pretrial motions into January, hinting at potential proceedings that could continue well into 2025.
They maintain that a trial won't be necessary, asserting that the case will be dismissed. Gage Skidmore from Surprise, AZ, United States of America / Wikimedia
Earlier this week, Smith's team revised the indictment against Trump, maintaining the four felony charges but removing allegations related to Trump's alleged misuse of the Justice Department.
This revision aims to align the case with the Supreme Court's immunity ruling. Joe Ravi / Wikimedia
Trump's legal team contends that the prosecution's case would collapse if they are barred from using evidence related to former Vice President Mike Pence. Mykal McEldowney/IndyStar / USA TODAY NETWORK
Notably, neither side addressed the possibility of the case ending if Trump wins the presidency in November, which would allow him to halt proceedings after his inauguration in January. Mark Hoffman/Milwaukee Journal Sentinel / USA TODAY NETWORK
The proposed schedule from Trump's team would push all substantive litigation on the case beyond the election, with only a filing challenging Smith's appointment and funding due before Election Day. Matthew Dae Smith/Lansing State Journal / USA TODAY NETWORK
Judge Chutkan has scheduled a conference for next Thursday to discuss the path forward, though Trump has been excused from attending.
Neither side has proposed any further hearings before the election. United States District Court for the District of Columbia / Wikimedia
