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Special Counsel Requests Delay In Trump Jan. 6 Trial

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Gavel via Wikimedia Commons Image

Special counsel Jack Smith requested a delay in former president Donald Trump’s election interference case.

In their Thursday filing, prosecutors cited the recent Supreme Court ruling on presidential immunity in their request to delay several weeks.

“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,” prosecutors wrote in the filing. “The Government therefore respectfully requests additional time to provide the Court with an informed proposal regarding the schedule for pretrial proceedings moving forward.”

The request by Smith’s team is a distinct change from its typical approach since the beginning of the case which sought to expedite matters.

The Daily Caller noted that in December, Smith asked the Supreme Court to consider the presidential immunity issue before allowing the appeals court to decide, but the justices declined to take it up early.

The Supreme Court found 6-3 last month that presidents are immune from prosecution for official acts taken in office.

“Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” the court held. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.”

The justices left lower courts to decide which allegations in Trump’s indictment are “official acts” subject to immunity.

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