Law professor Jonathan Turley discussed two significant challenges that could impact Jack Smith’s case against former President Donald Trump.
The first issue is time constraints, with skepticism about meeting the March 4th deadline for a trial before the 2024 election.
The second challenge involves a legal argument raised by Northwestern University law professor Steven G. Calabresi and others, suggesting that Smith’s appointment is unconstitutional. (Trending: Joe Biden Sets New Presidential Record)
Jonathan Turley on Jack Smith's case pic.twitter.com/Q6TCccnNsB
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Smith’s request to bypass the appeals court and directly engage the Supreme Court was seen as an aggressive strategy, but the latest decision by the Court will delay the proceedings, potentially pushing the case beyond the upcoming presidential election.
“Most of us express skepticism about the March 4th date,” Turley said.
“It seems even less likely now. If that date’s missed, can they get a trial in before the election? Keep in mind this is a motivated panel that’s likely to issue an opinion quickly, but the Trump campaign can ask for review in bank for the full court and then they go to the Supreme Court and that will eat up the clock.”
“He [Calabresi] and others believe that Smith’s appointment is unconstitutional,” Turley said.
“Now that’s the ultimate Hail Mary play, but the panel seems to be giving it serious consideration. It doesn’t mean that they’re buying that argument, but it’ll be interesting if it comes up today.”
“The court clearly didn’t share that sense of urgency,” Turley said.
“And Smith is a little bit dodgy on why it’s so urgent. The Department of Justice historically has tried to avoid trials that influence elections. And so it’s not clear to me that the Supreme Court shares his sense of urgency and will expedite this significantly, but it’s clear that it’s going to be treated differently.”
“The court is going to address it once it comes up. I also think that the D.C. Circuit is likely to really do a NASCAR pace on this to get it to the Supreme Court.”
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