Earlier in the week, a US grand jury returned with a new four-count indictment filed by Special Counsel Jack Smith against Trump for an alleged attempt to subvert the outcome of the 2020 election. Smith’s recrafting of the indictment comes after the US Supreme Court ruled in July that Trump was immune to prosecution on the basis of official acts conducted as part of his role as president.
"I don't think this trial has much of a chance of occurring before the election, as there are bound to be a flurry of pre-trial motions challenging both the merits of the case against the former President, and the status of the special prosecutor, which one federal judge has found unconstitutional (the Florida judge who threw out Smith's case there)," Presser said, adding that "what bears watching at this point is whether any federal Court of Appeals or the United States Supreme Court will be asked to intervene to rule Smith's appointment unconstitutional."
The expert also noted that "there can be little doubt" that the top brass at the Justice Department are determined to interfere in the election in order to make it harder for Trump to get reelected.
"If he does win, we can expect a replacement of those now running the Justice Department, but it is extremely doubtful that any sanctions will be applied against them except for that. And if Harris wins, sadly, we can expect continued abuses of this nature," Presser concluded.
Attorney General Merrick Garland appointed Smith in 2022 to investigate Trump's alleged mishandling of classified materials and his role in the events surrounding the 2020 election. Both investigations garnered criminal charges against Trump, who has pleaded not guilty in both cases.
Trump's defense attorneys in the classified documents case argued that Smith's appointment violated the Constitution's Appointments Clause, a motion that prompted US District Judge Aileen Cannon to hold a multi-day hearing in June.
Last month, Judge Cannon dismissed the classified documents case against Trump, saying the appointment of Smith as special counsel violated the US constitution.