Jack Smith Has 'Blown A Hole' in Donald Trump's Delay Tactics

The chief prosecutor in Donald Trump's election fraud case is stopping Donald Trump's delaying tactics by going straight to the Supreme Court, a legal expert has said.

Stephen Gillers, a law professor at New York University, told Newsweek that, by asking the Supreme Court to rule on Trump's argument that he is immune from prosecution, Smith "has blown a hole" in Trump's plan to delay the fraud case as long as possible.

"Smith has now blown a hole in Trump's plan by leapfrogging over the circuit court and going directly to the Supreme Court, which would have the final say eventually," Gillers added. "Smith is saying, 'let's cut to the chase and get the high court to decide the issues now'."

Trump is due to go on trial in Washington, D.C on election fraud charges in March and had made several attempts to delay the trial by claiming presidential immunity for his actions, which were committed while he was still president. He had also claimed that Smith's prosecution was against the rules on double jeopardy, because Trump is charged with similar offenses in Atlanta, Georgia.

The Supreme Court said on Monday it will consider fast tracking Smith's request and has asked Trump's lawyers to file a response to Smith's request by December 20.

Newsweek sought email comment on Tuesday from Donald Trump's attorney.

Gillers said the Trump criminal cases should be viewed as "a high stakes chess game."

"Each side anticipates what it predicts will be the other side's moves and then acts to neutralize them. So Trump's strategy is to keep the immunity and double jeopardy issues on appeal as long as possible because while they are, it thwarts Smith's goal of a March trial," he said.

Gillers said another option for the Supreme Court could be to "instruct the circuit to decide the issues quickly, which would also block Trump's plan."

Smith's request to the Supreme Court also prevents pro-Trump Supreme Court judges from delaying the case.

"In addition to neutralizing Trump's tactics, Smith is forcing the Supreme Court to show its cards sooner rather than later," Gillers said.

"The United States recognizes that this is an extraordinary request. This is an extraordinary case," Smith wrote in his brief to the Supreme Court on Sunday night.

The former president was indicted on four counts in Washington D.C. for 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. Trump has pleaded not guilty to the charges, including conspiracy to defraud the U.S. government and conspiracy to obstruct an official proceeding.

It is one of four criminal cases that Trump is facing while he campaigns as frontrunner for the Republican presidential nomination. He has also pleaded not guilty to charges in the other cases and has repeatedly said that they form part of a political witch hunt.