On Friday, Judge Tanya Chutkan approved an extension requested by Special Counsel Jack Smith in the case against former President Donald Trump related to the Jan. 6 election subversion. This extension was granted following the Supreme Court’s ruling, which introduced the concept of criminal immunity for former presidents.
Smith now has until August 30 to finalize his recommendations, citing the need for further consultation with other Department of Justice divisions before proceeding. Though Smith might be addressing procedural aspects within the DOJ, it’s clear that devising a strategy under the new Supreme Court ruling presents a critical challenge.
The court, in a 6-3 decision led by Chief Justice John Roberts, detailed in Trump v. U.S. that Trump is accused of attempting to overturn the 2020 election by spreading false claims of fraud to obstruct the electoral process. The charges include conspiracy to defraud the United States and obstruction of an official proceeding.
Smith’s initial approach to focus on these charges likely aimed for a swift trial, but the Supreme Court’s decision disrupted that plan, creating legal hurdles that Judge Chutkan must address, which could extend the timeline by months or even years.
In a dissenting opinion, Justice Ketanji Brown Jackson criticized the majority’s decision, arguing that it places the Supreme Court in a position to decide whether Trump can be held accountable for alleged crimes while in office.
Smith and Chutkan now face the intricate task of changing the newly defined presidential immunity doctrine, requiring a detailed examination of each charge to determine if it falls within the president’s “core” or “official” powers, which will likely be a lengthy process.