Smith has a problem in Florida, one jury member in a Red State could kill his case, He needs DC to get a conviction. While this Judge is a bitch, will she go along with this knowing she will be slapped down hard by SCOTUS? Her future as a judge and her reputation are at risk. Sending a protestor to prison is one thing, violating Trump's free speech could be grounds to remove her from the bench.
Barnes Law last night on his podcast.
1) Almost no chance any trial wraps by election day. After that, or after Jan. 20, Trump will pardon himself if he loses.
2) All recent charges are idiotic, being violations of freedom of speech (Barnes has litigated MANY of these cases).
3) All recent charges merely repeat what he was already acquitted of in the Senate.
4) Motions to move the trial to FL, to get evidence (there is no “discovery” in a criminal trial, and prosecutors/judges often quash subpoenas-—see the Melania emails request by Smith that was quashed; other motions about jury pool Barnes said that denial of ANY of these could trigger a Supreme Court involvement.
5) Barnes in essence said, the more insane Smith is, the more likely the Supes will get involved sooner rather than later.
6) If Roberts is good for anything, he is big on the “integrity” of the Court (I know: the leaked Dobbs decision). Still this is something he takes offense to.
7) Also, other J6 petitioners appeals now may likely be fast tracked to Supes as more minor examples of prosecutorial overreach.
8) Put the chance of Trump even going to a jail at 10% to 0%.