'Smith nails him': ex-prosecutor says Trump's delay tactics are in trouble

Special Counsel Jack Smith has the upper hand in his race to the courtroom against former President Donald Trump, a legal expert said Monday.

CNN legal analyst Norm Eisen argues that Smith's powerful filing Saturday was a strong move against Trump's leading delay tactic, his argument that presidential immunity bars him from being prosecuted on federal election interference charges.

"Jack Smith hammers him with all the weaknesses of this claim in this new filing," Eisen told "The Situation Room" viewers. "There's no precedent, no case law for this kind of absolute immunity."

Eisen believes Smith's 82-page filing will serve not only to quash the the presidential immunity claim, but to speed up the debate so his federal election interference case, stayed until this question is resolved, can resume.

"[Trump's] playing for delay, trying to push this out as long as possible," Eisen explains. "Trump knows he's going to lose."

Should Trump delay the trial past November, and reclaim the White House, he could theoretically order the Justice department to kill the case, but Eisen believes Smith "has the upper hand."

"Smith is telling the D.C. Circuit, hurry up, decide fast," Eisen said.

Commentator Shan Wu chimed in to agree, saying, "I think the D.C. Circuit will move quickly with this," but added he's worried about the calendar.

For Eisen, it's still possible the case could begin early this year if the Supreme Court does what it often does, and refuses to consider the case.

"They've very often refused to consider...Trump's request for relief on Democracy-related issues," Eisen said. "If that happens, and it's wrapped up, this trial, I don't think it can go March 5, but it can go in March."

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