Ex-federal prosecutor: Cannon delaying trial would be 'perfect opportunity' for Jack Smith

22 February 2024

Critics of former President Donald Trump fear that his legal team will be successful in delaying the trial in special counsel Jack Smith's Mar-a-Lago documents prosecution — especially with Judge Aileen Cannon, a Trump appointee, assigned to the case.

But according to former federal prosecutor Glenn Kirschner, a delay from Cannon could work to Smith's advantage in his election interference case against Trump — which US District Judge Tanya Chutkan is overseeing.

During an appearance on radio host Brad Berkwitt's show, Kirschner explained, "Donald Trump's lawyers are going to scream bloody murder that they can't be ready to go to trial on May 20. I have a feeling Judge Cannon will continue to do Donald Trump a solid as she has at every turn, and she will cancel that May 20 trial date. She may not, but I suspect she will. And I almost hope she does."

Kirschner went on to argue that a delay from Cannon "will give Judge Tanya Chutkan the perfect opportunity and opening to" schedule the trial in that case as soon as possible. And he recommended that Chutkan schedule it for May 20 if Cannon delays the Mar-a-Lago trial.

Kirschner told Berkwitt, "That will be win-win because then, we'll get Donald Trump to trial not only in one criminal prosecution in New York…. But in a second trial in D.C."

Currently, Chutkan is awaiting a decision from the Supreme Court of the United States (SCOTUS) as it weighs whether to take up Trump's challenge of a lower court ruling rejecting his absolute broad presidential immunity argument. While Chutkan already tossed the argument, Trump appealed to a DC Circuit Court of Appeals panel, which upheld Chutkan's prior ruling.

Should SCOTUS deny a writ of certiorari, the ball would be in Chutkan's court to set a trial date for Smith's election interference trial.

Watch the full video below or by clicking this link.

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