Jack Smith's 'flashy' charge to blame for Trump election interference trial delay: Op-ed

Special counsel Jack Smith is to blame for the ongoing delay in former President Donald Trump's federal election interference case, according to Washington Post columnist Jack Willick.

Willick laid into Smith for bringing a "flashier" charge he believes allowed Trump to cry presidential immunity and take that claim all the way to the Supreme Court.

"Smith — apparently fearful that the Supreme Court might recognize some presidential immunity for official acts — says that allegations of Trump’s 'private misconduct are more than sufficient to support the indictment,'" writes Willick.

"Then why insist in the first place on charging Trump for official conduct, inviting a Supreme Court showdown over the scope of immunity?"

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The Supreme Court is expected to hear arguments on April 25.

Their ruling effectively puts on hold the Washington D.C. federal case, in which Trump has pleaded not guilty to charges linked to his actions between the November 2020 election and the U.S. Capitol riots on Jan. 6, 2021.

Trump's argument — that commanders in chief must enjoy absolute immunity to effectively lead the nation — stands in stark opposition to Smith's contention that presidents must be bound by the law they have sworn to uphold.

But Willick argues Smith blundered, first in delaying to bring charges against Trump then opting to connect those charges to official acts.

"This holdup is on the Justice Department," Willick writes. "Biden’s Justice Department bet instead on a flashier but less strategic approach," he writes. "The resulting appellate delays were predictable."

Willick notes time is of the essence in Smith's case as Trump could conceivably kill it should he regain the White House in 2025.

"If Trump makes it to November without a Jan. 6 conviction," Willick concludes, "he’ll have Jack Smith to thank."