Special counsel Jack Smith’s motion for a three-week delay in former president Donald Trump’s election interference case is “signaling” to Judge Tanya Chutkan that he is ready but needs more time to consult with the Department of Justice (DOJ) on how to proceed, according to legal analyst Glenn Kirschner.
On Friday, U.S. District Judge Chutkan approved Smith’s motion requesting additional time, granting Smith until August 30 to lay out his case against Trump following the U.S. Supreme Court’s July 1 ruling on presidential immunity.
In a 6-3 decision, the Supreme Court ruled found that former presidents have immunity for official acts conducted while in office, but not for unofficial acts. The decision affects a case against Trump that has been on hold for months pending this ruling.
The case, led by special counsel Smith, accuses Trump of attempting to overturn President Joe Biden’s 2020 election victory in events that led to the January 6, 2021 riot at the U.S. Capitol. Trump was indicted by a grand jury in August 2023 on four counts over allegedly working to overturn the election.
Trump claims that he is immune from prosecution because he was in office when the alleged scheme took place. He has pleaded not guilty to all charges against him and claims the case is politically motivated. Earlier this month, Chutkan rejected a motion from his lawyers to dismiss the charges in his case.
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Smith’s one-page motion pushes the joint report required by both the prosecution and defense until the end of the month. It was originally supposed to be submitted on Friday, with a scheduled court date for August 16, but that has also been delayed until September now.
In a Friday episode of his show posted on YouTube, Kirschner, a former assistant U.S. attorney and MSNBC legal analyst who is a frequent critic of Trump, discussed what he believes is the reasoning behind Smith’s motion to delay the case.
Pretending to be Smith, Kirschner said, “I’m required by DOJ policies to consult with all of these other components at the Department of Justice, let them all weigh in, let them have their say, we have to reach consensus, everybody has to be heard, before I can go into court and move forward.”
Smith is an attorney appointed by the Department of Justice (DOJ) to investigate and prosecute the case independently from the attorney general’s office in an effort to avoid conflict of interest or potential political allegiances. Special counsels are often appointed to investigate presidents and their allies.
Then, reflecting on legal experiences, Kirschner said, “Reading between the lines, I read it as I’m ready to go, but I have to consult with all the other components and we’re doing that, it’s underway, but I’m still waiting. We’re going to get there I need three more weeks, Judge.”
Kirschner concluded, “I interpret that one-page motion as communicating, conveying, signaling to Judge Chutkan that that’s what’s going on.”
Newsweek reached out to Kirschner for comment via email on Sunday.
The delay makes it nearly impossible for the official trial to take place before the presidential election on November 5, where Trump is the Republican presidential nominee facing off against Democratic nominee Vice President Kamala Harris.
Other legal analysts have said that the case may point to tension between Smith and the DOJ.
“What is less clear, however, is why Smith and co. need more time to ‘consult’. Is it less about consultation & instead revelatory of internal disputes about the best way — or any way — forward?,” Lisa Rubin, an MSNBC legal analyst, wrote on X on Thursday,
