I think he's desperate. He knows this case is disintegrating and wishes he never started it.
He may be hoping she will kick the whole case out.
That's wishful thinking, since the guilty verdicts have already been written up and accept. All of this is just Kabuki Theater and delaying the inevitable.
The legal basis of Smith’s argument makes no sense to me, resting as it does on the premis that the PRA somehow binds the president.
How can Congress tell a separate and coequal branch how to conduct itself with regard to constitutionally delegated authority? Just seems crazy on its face.
I agree that Smith is desperate. I also agree that Smith knows his case is disintegrating. However, I disagree that Smith wishes he never started it. He is all in on prosecuting Trump wherever, whenever, and however he can.
His goal was never to secure a conviction, it was to tie up Trump's time and resources as much as he could during the campaign.
In other words, election interference.