EXCERPT:
HONIG: “Yeah, it’s a tough position. Because in the prosecutorial platonic ideal, Jack Smith would not be thinking about the election date at all, because to consider the election date violates long-standing DoJ policy and practice written and unwritten. But given the obvious reality, which any common sense person can see, that he is thinking about the election date, my advice would be, and he can take this or leave this, admit it. Let’s just drop the subterfuge and the artifice. Let’s just say what everybody knows you’re doing. And I think the most palatable way to phrase that, the least political way is to say if Donald Trump gets elected, under long-standing DoJ policy, he can’t be tried. And that means we would have this trial put on hold for four years until January of 2029, in at which point, we would lose witnesses, we would lose evidence. I mean, a four-year delay, it makes it really unpalatable to try a case in 2029. So I think given the position Jack Smith has put himself in, he should just acknowledge it, and he should phrase it in terms of legitimate DoJ prerogatives.”