Special Counsel Jack Smith requested more time on Thursday to respond to a scheduling order from the judge handling Donald Trump’s 2020 election interference case, indicating that his office is still grappling with the Supreme Court’s ruling in the former president’s immunity case — nearly a month later.
“The Government continues to assess the new precedent set forth last month in the Supreme Court’s decision in Trump v. United States, including through consultation with other Department of Justice components,” prosecutors wrote to Judge Tanya Chutkan in a status report filed with the DC District Court.
“Although those consultations are well underway, the Government has not finalized its position on the most appropriate schedule for the parties to brief issues related to the decision,” Smith’s office said.
“The Government therefore respectfully requests additional time to provide the Court with an informed proposal regarding the schedule for pretrial proceedings moving forward.”
The Supreme Court ruled on July 1 that Trump, 78, is subject to absolute immunity from prosecution for “official acts” during his presidency and left it up to lower courts to sort out what constitutes an “official act” by a sitting president.
Smith has accused Trump of criminally attempting “to defraud the United States by using dishonesty, fraud and deceit” to obstruct the electoral vote process, “impede the January 6 congressional proceeding at which the collected results of the presidential election are counted and certified” and working “against the right to vote and to have that vote counted.”
The former president’s camp has argued that many of Trump’s efforts were “official acts” protected by his office.
Chutkan was handed the case back last Friday and sought to implement a quick schedule for pretrial proceedings moving forward.
The delay request, which Trump’s legal team has agreed to, per the filing, would have both parties submit another joint status report to Chutkan by Aug. 30.
Trump argued Thursday night that the high court’s immunity ruling necessitates that the case, an all others against him, be immediately dismissed.
“It is clear that the Supreme Court’s Historic Decision on Immunity demands and requires a Complete and Total Dismissal of ALL the Witch Hunts — The January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a 40 year old photo in a line with her then husband does not count!), and the Georgia ‘Perfect’ Phone Call charges,” he wrote in a Truth Social post.
US District Judge Aileen Cannon dismissed the federal classified documents case against Trump last month on the grounds that Smith was not legally appointed.
Smith has appealed Cannon’s ruling in that case.
