Jack Smith Is Reportedly Reconsidering His Strategy

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Jack Smith Is Reportedly Reconsidering His Strategy
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There's a high-stakes hearing in the Jan. 6 case next week.

Donald Trump has been convicted of 34 felony counts in the New York hush money case—but there’s a lengthy appeals process ahead. And what ever happened to the other three cases against him—Jack Smith’s federal election interference and classified documents cases, and Fani Willis’ Georgia election interference case? All three have hit various roadblocks.

Special counsel Jack Smith is taking a long, hard look at his election interference case—and a New York Times report says Smith has decided against asking for a comprehensive review of evidence and witness testimony in a high-stakes hearing scheduled for next week.

This prospective hearing could have turned into a mini-trial, where witnesses and experts get called to testify and make the case for why Trump’s charges should remain or should be dropped. It’s an exercise judges in all of Trump’s ongoing criminal cases will have to go through in order to apply the Supreme Court’s presidential immunity decision.

“Ordinarily, if the defendant asks for a delay, and the prosecutor doesn’t object, then it would absolutely be granted,” Adam Pollock, former assistant attorney general of New York, told Slate in an email. However, most judges want to resolve cases quickly, allowing all parties involved to get some closure, and Pollock believes there is a not-insignificant chance that Merchan will stick to Sept. 18 and simply proceed with sentencing Trump.

Smith points to the Watergate scandal, which also used a special counsel to investigate Republican president Richard Nixon back in 1973. That appointment came after the Supreme Court ruled inthat the AG did have statutory authority to assign special counsels. Smith argues Cannon is the only judge who has ever challenged the high court’s decision.therefore binds this Court, just as it did the district court, and reversal is warranted on that ground alone.”for the appeals process in this case.

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