Special counsel Jack Smith already anticipated former President Donald Trump's moves in the criminal prosecution — and is making moves to head him off, said Dave Aronberg, the state attorney for Palm Beach County, Florida, on MSNBC Thursday.
This comes as the former president rages against Smith's efforts to expedite a Supreme Court review of his claims to presidential immunity from prosecution.
"We talked about the fact that Trump loves to delay," said anchor Katie Phang, herself an attorney. "I personally loved the citation which I'm calling the speed citation, to United States v. Nixon in this filing. In that case, the Supreme Court granted cert before judgment in exactly the way that Jack Smith is seeking, and the Supreme Court expedited briefing and came to a decision 16 days after argument. I mean, Dave, does that mean that it's going to move the needle? That type of citation, does that mean it's going to move the needle with today's justices?"
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"Katie, I think it will," said Aronberg. "Look, Jack Smith is one step ahead of Donald Trump. He knows Trump's game of delay. So he brought the big guns. He is hiring lawyers who are very well-versed in this stuff, and citing the precedent of U.S. v. Nixon in 1974, which had to get Chief Justice Roberts' and all of his cohorts' attention."
Indeed, Aronberg noted, signs already indicate that "the Supreme Court seems to be willing to hopscotch over the appellate court. Jack Smith is calling Trump's bluff, because if Trump really believed in a concept of presidential immunity, why is he opposing Smith's attempt to expedite the matter, right?"
"That's because Trump's request for presidential immunity is not really about constitutional principles," Aronberg added. "It's about delay."
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