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By Sean O'Driscoll
Senior Crime and Courts Reporter
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Jack Smith's delay in laying out his case against Donald Trump may point to tensions within the Department of Justice, legal analysts said.
Smith, the prosecutor in Donald Trump's election fraud case, announced on Thursday that he needs until August 30 to lay out his case against Trump following the Supreme Court's July 1 ruling on presidential immunity.
Judge Tanya Chutkan had asked both sides to explain on Friday how the case should proceed after the Supreme Court issued a broad interpretation of presidential immunity that has made the prosecution's case much more difficult.
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MSNBC legal analyst, Lisa Rubin, wrote on X, formerly Twitter, on Thursday that the delay may point to tension between Smith and the Department of Justice about how to continue with the case.
"Trump and Jack Smith were scheduled to tell Tanya Chutkan tomorrow how the D.C. election interference case should move forward. Instead, Smith told her tonight that he needs until the end of the month to propose next steps."
"Unsurprisingly, the Kings of Delay, Stall & Ignore -- aka Team Trump -- were happy to accede to this request," Rubin wrote
"What is less clear, however, is why Smith and co. need more time to 'consult'. Is it less about consultation & instead revelatory of internal disputes about the best way -- or any way -- forward?" she asked.
Former federal prosecutor, Joyce Vance, wrote that Smith's office is burdened by federal laws that force him to consult with the Department of Justice on key decisions.
"Getting it right matters more than going fast."
"That's exactly why the Special Counsel is required to consult with other components, although it's undoubtedly a requirement that the office chafes under," Vance wrote in her legal blog, Civil Discourse, on Friday.
"I didn't like it any better when, as a sitting U.S. Attorney, I was required to consult with a variety of offices in Main Justice before proceeding on certain types of matters. For one thing, I was always certain we had reached the correct decision inside of our office. For another, I disliked the delay," she wrote.
"But something I learned through the process was that you could go fast alone or far together. The opportunity to have some of the smartest lawyers in the country pushing back against decisions, making contrary arguments, and testing conclusions means that the Special Counsel will come out on the other side with decisions that are that much stronger," Vance added.
She said that the consultation means that Trump's trial will definitely not start before the 2024 presidential election.
Newsweek sought email comment on Friday from Donald Trump's attorney.
The Supreme Court ruled 6-3 on July 1 that presidents have broad immunity for official acts. It also ruled that official acts cannot be used as evidence if taking a case against a president for unofficial acts.
Trump was indicted on four counts of allegedly working to overturn the results of the 2020 election in the run-up to the January 6, 2021 riot at the U.S. Capitol. The Republican presidential nominee has pleaded not guilty and has said the case is part of a political witch hunt.
The case was frozen in Chutkan's court while the Supreme Court considered the presidential immunity issue.
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