Law Professor Explains Jack Smith’s Rush To Prosecute 

Daily Report December 24,2023

George Washington University law professor Jonathan Turley on Friday claimed Special Counsel Jack Smith made his recently denied Supreme Court request to keep up with the March trial date of former President Donald Trump.

The Supreme Court on Thursday dealt Smith a huge blow after it rejected his request to provide an expedited review of Trump’s presidential immunity argument.

Turley, in an interview with “America Reports” co-host John Roberts and guest co-host Jacqui Heinrich, said the impact of the Supreme Court’s decision on Smith will be “anything but good.” The law professor added that Smith jumped the normal process and went to the Supreme Court because he feared the March trial date was in danger

“The reason he was so insistent on leapfrogging the D.C. Circuit is that he believes that this could end up endangering the March trial date,” Turley said. “Now, that date, if you remember, was shoehorned by the court just before Super Tuesday. Everything has been frozen since the court looked at this question. So he may indeed lose that March date and then it’s a real problem. You go right over a cliff because this is a very jammed calendar. So it’s not clear if he could fit a trial between that date and the election.”

Turley went on to explain how the normal process would impact Smith’s March trial date.

“The problem for Jack Smith is that he knows that whatever the D.C. circuit decides, there’s likely to be an appeal. So, he was willing to give up what many people assumed would be a favorable decision in order to maximize a favorable calendar,” Turley added. “Now, what happens now is not going to work as planned for Jack Smith. Once they hear this case in January, they have to write the opinion, they’ll do that as quickly as possible. But then, Trump’s people can do what’s called an appeal en banc, which is to ask the court as a whole to look at this question before they appeal to the Supreme Court. That will take time. And then if they en banc accept the case, he’ll never see a March trial. So then at that point, the Trump people can apply to the Supreme Court. So there’s a lot of runway now between him and that March date that he’s got to be able to cross, and the odds are he’s not going to be able to stick the landing.”

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