Putting the tongue-in-cheek title aside, the odds are that some people will come to any trial of President Donald Trump. After all, a lot of people have to come from the judge to the jurors and counsel. However, Smith has had an ominous week that could severely complicate his plans for convicting Donald Trump before the election. Moreover, a trial after the election could mean no trial at all.

Before this week, Smith found himself on the losing end of the schedule in Florida in his prosecution of Trump for his retention of classified documents.

Judge Aileen Cannon has scheduled a trial for May 20, 2024, but that could easily move with additional delays or appeals in the case.

I have always viewed that case to be the strongest against Trump, but the huge number of classified documents have (as predicted) slowed the prosecution. Despite Smith's pushing for a pre-election trial, his structuring of the charges undermined that schedule.

Smith then pushed hard for a pre-election trial in the January 6th case in Washington where he seemed to have a supportive judge in Judge Tanya Chutkan who shoehorned the start just before the Super Tuesday elections.

Now, however, Judge Chutkan has been forced to stay the case indefinitely pending the appeal of the presidential immunity claim made by Trump. The matter is now before both the United States Court of Appeals for the District of Columbia and the Supreme Court. The Supreme Court gave Trump until December 20th to respond to Smith's request for an expedited review — leapfrogging over the D.C. Circuit.