Donald Trump may have successfully delayed his federal election subversion case to avoid a pre-election trial, but the judge in that case has a "silver lining" option that would still allow Special Counsel Jack Smith to present evidence to the American public, according to a former federal prosecutor.
MSNBC legal analyst Joyce Vance posted about Trump's Supreme Court hearing on his claim for presidential immunity on her Substack on Thursday. Toward the end of that write-up, Vance provides an option for Judge Chutkan to continue despite indefinite delays.
"We don’t know for certain where Chief Justice Roberts is and how he will vote," the ex-prosecutor wrote after trying to read the SCOTUS tea leaves. "But if this comes to a decision that some conduct does get immunity and the trial judge must make those rulings, there is one possible silver lining. Judge Chutkan could hold an evidentiary hearing on remand to facilitate her decision."
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Vance goes on to say exactly what such a hearing could bring.
"That would mean briefs and even live testimony where the government would get to lay out all of its evidence against Trump. It’s not a full trial followed by a jury verdict. But if this case isn’t going to trial, it would be one way of getting more information about Donald Trump’s conduct out for public consumption," she said. "The House January 6 committee hearings gripped the nation. The Special Counsel, with access to the powers of an investigative grand jury and the possibility of more cooperating witnesses, especially from other charged cases, would have an even larger story to tell."
Former federal prosecutor Andrew Weissmann also raised the potential silver lining option live when appearing on MSNBC late Thursday evening.