The real message is that he just has to get his application in by November 2nd. That’s very easy to do and I have no doubt it will be done. If, however, he fails to do that, they will strike him as counsel of records. If another lawyer signed the pleading that is admitted, nothing will happen.
This is a fun moment to point and laugh, but of little import.
Remember that at this point, Powell is not yet a charged defendant in any Smith case. Smith is pursuing only Trump for the time being.
Powell may be able to bargain with Smith for her testimony down the line, but I’ll be surprised if Smith offers the same sort of misdemeanor deal as Powell received from the State of Georgia in exchange for it. I’m not certain, but I believe Smith could use her testimony in the Georgia case as evidence against Trump, rendering the need for Powell’s actual testimony in a federal case moot.
It depends on what Judge McAfee does now, I think. If the Trump part of the Georgia case goes ahead before Smith’s federal case and Powell testifies against Trump, that may save Smith some trouble. But I think Smith’s case against Trump will go forward before the Georgia case. Judge Chutkan seems pretty wedded to that March 4th date for commencement of Trump’s trial – especially with the way Trump has been toying with her gag order.
Smith might be willing to offer a plea bargain to Powell in exchange for her testimony, but again, I doubt he’ll be as generous as Fani Willis was.
It also depends on what Chesebro does in the Georgia case. In light of Powell’s plea, does he plead as well? If yes, then no early trial and no Powell testimony for Smith to hear and assess before his own case goes forward.
Perhaps, if he thinks her testimony would be worth the effort, Jack Smith could inform Powell’s attorneys that he’s contemplating moving her from unindicted co-conspirator to charged defendant, and would they like to discuss cooperation?
I am sure there are discussions that are occurring behind the scenes, and those are giving him a pretty good preview of what her testimony might be like.
Nevertheless, there’s nothing like being able to watch someone while they’re actually doing the thing you’re contemplating using them for. I’m sure you’re right – he will have scraped up transcripts of any depositions, or maybe even courtroom proceedings, in which she’s previously participated just to get a sense of how she conducts herself.