Delaying it until it's no longer of consequence is the whole plan. From denying the fast track appeal earlier to mulling over whether a separate federal court case is needed before states act on his ballot access, it's all working to remove the law as a remedy. They may not make the absolutely mind-bogglingly insane ruling of immunity, but they'll stall it long enough, and stall all the other cases waiting for this ruling, they can get the result they want anyway as it becomes "too close to the election".

The corrupt court is responsible for this scheme, but don't forget that Merrick Garland waited a whole two years to even appoint a special prosecutor. He could have set Smith loose on day one and we wouldn't be in this bind. Remember how the Mueller report said the only thing keeping him from being charged was that he was currently the president? Cool how that just disappeared.