Trump's delay tactic proves he doesn't believe his own immunity claim: expert

Even Donald Trump doesn't believe his own argument that his position as a former president makes him immune from criminal prosecution, argued former federal prosecutor Michael McAuliffe in an interview with Newsweek Tuesday.

The evidence for it is simple, he argued — Trump opposes special counsel Jack Smith's move to expedite a review of the matter by the Supreme Court. That's a clear indicator he's just using it as a stall tactic to try to push the trial date past the 2024 election.

"If Trump's strategy is delay all until after the election, then the court's timely decisions likely isn't something he wants," said McAuliffe. "Of course, if a defendant thought immunity was a clear winning issue, one would want to get that issue decided as quickly as possible to secure a dismissal.

"That doesn't appear to be Trump's approach in the January 6th case."

Trump and his associates have made clear since Smith filed his request to skip the appellate court and move straight to Supreme Court review, that they oppose the move.

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"Smith is willing to try for a Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process," said the former president's spokesperson Steven Cheung.

And Trump himself took to his Truth Social platform to rage against it, saying, "Deranged Jack Smith, the Biden appointed 'nut job' prosecutor with a big record of loses because he goes too far, wants to RUSH,RUSH,RUSH to the Supreme Court on the important matter of Presidential Immunity, something which is so basic to America that it should be automatic."

The current trial is set for March. It could still be pushed back a number of months, even if the Supreme Court takes up the matter promptly.