According to multiple news outlets (the pricks at the NYT, The Washington Post, and the New Republic), Jack Smith intends on carrying on with the so called trials of Donald Trump. I call them so called because we actually haven’t started any federal trials because of the SCOTUS and Judge Aileen Cannon. And like many others, I’m sure there was some confusion on whether Smith would continue with the trials even if they occur during the election.
IANAL, but I know I got confused when it was reported that the DOJ takes no actions against sitting politicians 60 days out from a federal election. However, it has been explained or cleared up to me that this only applies to the starting of any new investigation or impending indictment. The DOJ in the past did not want to appear to be influencing an election, with the exception of that asshole FBI Director Jim Comey. Technically, Trump’s indictments were filed well before this Nov, so there is no reason to “pause” those legal proceedings.
Until the fucking SCOTUS and Judge Aileen Cannon got a hold of the cases that is.
Despite the Supreme Court giving Donald Trump near-absolute immunity and the rest of his trials certain to continue after Election Day, the Department of Justice doesn’t plan to back down in its cases against the former president and convicted felon.
A new report from The Washington Post, citing sources close to the department, said that prosecutors plan to pursue cases with a deadline of Inauguration Day in January, in keeping with the Supreme Court’s ruling that a sitting president can’t be prosecuted.
“The Justice Department isn’t governed by the election calendar. Its prosecution of Trump is based on the law, the facts and the Justice Manual—the department’s bible that lays out the post-Watergate norms that have prevented it from being weaponized,” Anthony Coley, a spokesperson for Attorney General Merrick Garland until last year, told the Post.
As for those trials, Smith will only be able to put forth any evidence he has against Trump over Jan 6th in any hearing that Judge Chutkan has over Trump’s “presidential immunity” from prosecution. The hearing with Judge Chutkan will take up time because she has to sort through what is and isn’t an “official act” by Trump. And this is what the SCOTUS intended to ensure no trial for Trump before the election.
Therefore, the best that Jack Smith can do there is release as much evidence as he has into the public record of Trump’s criminality and hope that it seeps out to the general public and voters.
As for the MAL document case, Cannon has this all tied up. I predict she will not rule on Smith’s motion to change Trump’s bond agreement. Remember, Smith is trying to get Cannon to order Trump to stop attacking the FBI. She’s dragged her feet on this so far (No, I don’t believe she was just doing her due diligence with proper procedure. Judges appear to be able to move with great speed when they want to, at least the SCOTUS does), so I expect she will just not make any ruling on Smith’s motion. No ruling, no way for Smith to appeal to 11th Circuit.
And it’s at this point that the DOJ’s love of outdated norms will get in the way.
Despite the obvious judicial sabotage, the DOJ hates to call for the replacement of judge on a case. IANAL, so I don’t get the abhorrence of not wanting to push for a judge’s replacement, especially if said judge is corrupt. So what happens? Does Trump get to still claim that the FBI wants him dead? Do FBI agents and employees have to get killed by a deranged Trump supporter?
I guess we have to wait for violence to happen before Smith takes Cannon’s dithering to the 11th Circuit.
But that is the latest and greatest on the so called federal Trump trials.