Lawfare is a major part of Democrats’ strategy to win the election.
But they’re running out of time to make it happen.
And Jack Smith played his final card to tip the election to Kamala Harris.
Jack Smith is down to his last chance
Special Counsel Jack Smith is running out of chances to impact the election.
His case against former President Donald Trump for allegedly mishandling classified documents was thrown out by a Florida district court Judge who ruled that he was unlawfully appointed.
Smith’s criminal case against Trump over January 6 won’t go to trial until after Election Day if it ever does.
Now, he’s making his big move before the election to inflict the maximum amount of political damage possible on Trump.
The January 6 case has been paused for most of the year while the Supreme Court weighed in on Trump’s claim of Presidential immunity.
Presidents have absolute immunity from criminal prosecutions while in office, according to the Supreme Court’s ruling.
The Supreme Court justices left it up to lower courts to decide what’s an official act.
Smith filed a superseding indictment against Trump that removed evidence that the Supreme Court said would be protected by Presidential immunity.
District Judge Tanya Chutkan – who was appointed by former President Barack Obama – granted Smith’s motion to file an oversized brief arguing this superseding indictment isn’t covered by Presidential immunity.
Jack Smith’s legal hit piece against Trump
Smith can’t put Trump on trial before the election so he’s going to try him in the court of public opinion.
His 180-page oversized brief about Presidential immunity lays out all of his alleged evidence against Trump to smear the former President in the closing weeks of the election.
Portions of the evidence could be removed through Presidential immunity, but all that matters to Smith is if it gets out into the public and deals political damage to Trump.
Trump can’t defend himself because he’s covered by an unconstitutional gag order in the case.
Getting some evidence about the January 6 case out in public through the brief is the last-gasp effort of Smith to tip the election to Vice President Kamala Harris.
Trump’s legal team argued the brief would “violate the Presidential immunity doctrine, taint the integrity of these proceedings, increase the First Amendment harms resulting from the Gag Order, and violate the Justice Manual.”
The hearings involving the brief would be about whether Smith’s evidence is covered by Presidential immunity, not whether it’s accurate.
Trump’s legal team wouldn’t be able to contest the validity of misleading evidence at that stage of the legal process.
Smith could throw out whatever wild allegation he wants, even if the evidence gets contested later.
“False, public allegations by the Special Counsel’s Office, presented through a document that has no basis in the traditional criminal justice process, will undoubtedly enter the dialogue around the election,” Trump’s legal team stated. “The Gag Order prevents President Trump from explaining in detail why the Office’s selective and biased account is inaccurate without risking contempt penalties.”
Jack Smith is using a procedural hearing to run a smear campaign against Donald Trump.
Stay tuned to Unmuzzled News for any updates to this ongoing story.
