Special counsel Jack Smith asked a judge Thursday for more time to consider how Donald Trump’s election interference case should move forward following the Supreme Court ruling granting him broad protection from prosecution.
Smith’s office filed a brief motion asking for a three-week extension in the case, which centers on charges Trump conspired to overturn the 2020 election he lost to Joe Biden. That indictment has been complicated after the court’s decision — 6-3, along ideological lines — that granted Trump “absolute immunity” for any presidential actions that were “official” in nature.
The Supreme Court returned the case to U.S. District Judge Tanya Chutkan earlier this month, which will allow her to decide what allegations in the indictment would be protected behavior and immune to prosecution, and which could be prosecuted. The judge quickly told both Smith and Trump’s team to return to court on Aug. 16 to move the proceedings forward, and both sides had until Friday to agree how to do so.
But Smith’s team, with support from Trump’s attorneys, said it needed more time to do so.
“The government continues to assess the new precedent set forth last month,” Smith’s office wrote in the filing. “The government has not finalized its position on the most appropriate schedule for the parties to brief issues related to the decision.”
The special counsel asked until Aug. 30 to submit another joint status report.
The motion is further evidence that the indictment will face difficulties that will likely see any prosecution pushed beyond the November election. It also throws some water on hopes that Trump could face an evidentiary hearing that would serve as a type of mini-trial before then.
