A few days after former president Donald Trump was indicted in Florida by special counsel Jack Smith, I told our friend Hugh Hewitt that I didn’t believe the case could be tried prior to the 2024 election — a subject Rich and I also kicked around on the podcast. Today, the news is that Trump has formally sought to postpone the trial until after the election.
To be sure, this is a strategic move on the former president’s part. For all intents and purposes, if the trial is postponed until after the election, there will never be a trial if a Republican wins the presidency. As I’ve pointed out, no pardon of Trump would be necessary. Instead, a Justice Department run by either Trump (though I don’t believe he is electable) or another Republican president would simply dismiss the case. (Judge Emmet Sullivan’s shenanigans in the Michael Flynn case notwithstanding, the executive branch does not require the judiciary’s permission to withdraw a prosecution.)
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