Jack Smith faces a crossroads in Trump prosecution

Special counsel Jack Smith finds himself at more than one prosecutorial crossroads as he weighs how to move forward on former President Trump’s Jan. 6 case in the wake of the Supreme Court’s immunity decision.

Smith last week asked to extend deadlines in the case to late August, a shift for a prosecutor who previously pushed for a schedule that would bring the case to trial before the election.

The Supreme Court’s immunity ruling earlier this summer dealt a tough hand for Smith by determining that former presidents like Trump retain broad protection from criminal prosecution for actions they take while in office.

It’s left Smith at a juncture where he may choose to narrow his case, push for a hearing that would walk through much of the evidence against Trump, or even expand the indictment by charging Trump’s co-conspirators.

Barbara McQuade, a former U.S. attorney, said prosecutors often “choose the path of least resistance” in the interest of moving a case along.