Jack Smith is Joe Biden’s best hope to win re-election.

Polls show a criminal conviction will swing the race to Biden.

And Jack Smith received the one order that is Donald Trump’s worst nightmare.

The Justice Department has longstanding guidelines not to take actions that could influence the outcome of an election.

That’s come to be understood as not making charging or law enforcement decisions within 90 days of an election.

But with Donald Trump the frontrunner in the 2024 election, all the rules, norms and constitutional guardrails went out the window.

Conservatives argued that was already the case as an armed FBI commando squad raided Mar-a-Lago in August 2022, less than 100 days from the midterm elections.

Jack Smith’s sham indictment against Donald Trump over the outcome of the 2020 election is the Democrats’ only real chance to win a conviction before the election.

And based on polling data, a conviction is the Democrats’ Plan A for November.

One recent Ipsos poll showed only 20 percent of Americans would vote for Trump if he were a convicted felon.

Obama Judge Tanya Chutkan understands Biden’s plight and she is doing her best to accommodate the Democrats’ need for a pre-election conviction.

Chutkan denied Trump his constitutional right to prepare a proper defense by rushing the case trial just months after the indictment with a March 4 trial date.

The trial is expected to run for two to three months so the March 4 trial date allows for a springtime conviction and Chutkan to sentence Trump to prison in early September, just as the general election campaign hits full gear.

But the case is under appeal as Trump argued the charges should be dismissed under presidential immunity.

The Supreme Court is also hearing an appeal from a different January 6 defendant’s case challenging the use of an obstruction of an official proceeding statute that Smith used for two of the counts in Trump’s indictment.

With the Supreme Court not likely to hand down a ruling before June, that means Trump’s trial wouldn’t start until July meaning it would run into the fall campaign.

CNN’s Evan Perez asked Attorney General Merrick Garland about Justice Department policy regarding not taking action that would affect the outcome of a trial.

The sitting president’s Justice Department putting his election opponent on trial in the middle of the campaign with the possibility that the judge will hand down a jail sentence in October – the ultimate “October surprise” – would certainly fall under that policy.

But Garland gave permission for Chutkan and Smith to put Trump on trial during the campaign saying he agreed with a speedy trial – this constitutional right belongs to the defendant and not the government – and that scheduling was up to Chutkan and Smith.

“I do, and, the matter is now in the hands of, a trial judge to determine when the high trials will take place,” Garland stated.

“The cases were brought last year. The prosecutor has urged speedy trials, with which I agree. And it’s now in the hands of the judicial system, not in our hands,” Garland continued.

Garland did everything but provide a calendar with the most politically opportune date marked to start this trial.

Conservatives argued that if Americans had any doubt Smith set up a rigged show trial for Trump, Garland’s comments should have dispelled that notion.