The overall prosecution attempt by Jack Smith was fundamentally deconstructed when the Supreme Court ruled mostly in favor of President Trump carrying ‘presidential immunity’ for officials acts while in office. The ruling meant Smith had to go back to Judge Tanya Chutkan’s court and work through a process of outlining what is and is not an ‘official act’ according to the DOJ.
The result of that approach was made public yesterday, when Judge Chutkan revealed a new 165-page indictment [SEE HERE], essentially a list of evidence the DOJ claims as proof of “unofficial acts” allowing them to jump the hurdle of “official acts.” However, the reality of Jack Smith’s filing is a story without much legal value. Instead, it is a 165-page Lawfare story created for media promotion.
Many followers have accepted that Jack Smith is not necessarily the person constructing the legal filings. There is a solid argument to be made that Andrew Weissmann, Norm Eisen and Mary McCord are the Lawfare allies tasked with writing the material. When you read the filing, the manipulation of legalese to shape a narrative story is clear.
As former DOJ Asst AG Jeffrey Clark has noted, the filing attempts to obfuscate the legal requirements of “state of mind” by projecting what President Trump must have thought, as expressed by the opinion of unknown advisors. Jack Smith says President Trump thought this, without actually providing any evidence of what President Trump thought. Additionally, this Lawfare approach toward including redacted quotes amounts to written testimony, which would never pass muster in any court.
The accused has a right to confront witnesses; however, in written text that questioning becomes impossible. In essence, Jack Smith violates the principle and stated purpose of the sixth amendment. This is one of the ways you can tell the filing itself is not intended to outline evidence, but rather to outline a story. The claimed “evidence” is simply a story the Lawfare team want to deliver in October of an election year.
Almost all of the claimed evidence within the filing would not pass legal challenge. If the case were to proceed, most of what is written in the motion will not pass the legal scrutiny to make it into actual testimony. All of the claimed witnesses would be challenged, and Jack Smith would be no closer to proving President Trump’s “state of mind” than he was without the witnesses.
Factually and legally, you cannot establish the state of mind of the accused, the earnest belief, simply by referencing what other people said to him. EXAMPLE BELOW:
...”The background to understand the importance of the admission is that Smith is saying (like the J6 Cmte before him) that Trump’s criminal state of mind is established by the fact that many Trump advisors told him that he had lost the 2020 election.
That theory has always been ridiculous because advisors are just that — they advise — the President decides. Their advice is not imputable/attributable to the President’s state of mind.
But there is a little parenthetical on Page 9 that these advisors “were telling the truth that he [Trump] **did not want to hear**—that he had lost ….”
This inherently confesses that Trump disagreed with his advisors telling him he’d lost. That right there negates “the criminal mind” or what lawyers call scienter. And without the requisite scienter or intent, Trump cannot legally be convicted of a crime.
Trump’s only “crime” is believing that he won the 2020 election, something many Americans both sophisticated and ordinary agree with.” ~Jeff Clark
Cutting through the fog, what this 165-page indictment is really intended to do, is weave a story that the media can push in October of an election year. Judge Tanya Chutkan rushed approval of the filing to assist the political intents of Jack Smith, Weissmann, Eisen and McCord.
Clark also notes interestingly that nowhere in the signature attribution of the filing itself, is the U.S. Dept of Justice identified as the institution granting Jack Smith legal authorization for the prosecution. As Jeff Clark notes, “it raises the question of whether use of any Justice Department organ to go after a former President of the United States is constitutional and could comport with the Supreme Court’s July 1, 2024, immunity decision in Trump v. United States.”
Well, we can count on Cassidy Hutchinson to appear on the MSNDNC and be feted by the jackals.
👉 Tall tales and other strange works of fiction by failed legal author Jack Smith 👈
Another loser communist.
There is no way this dope Smith wrote this. He is a foil, a cutout, a useful idiot doing the bidding of the evil Obama “attorneys”.
Nothing, nothing says leftist lawfare BS louder then anything communist Weissmen is in anyway associated with. If he’s involved in anything, it’s pure bull shit
Jack Smith -Schiff
-Lawfaregate; collusion
⚖️What is treason?
Another Corn Popper.
By their rules…..NO MERCY!
Can’t wait for the day Liz Cheney and Cassidy Hutchinson would have to testify!
Jacksputin is the Mad Monk of Mendacity.
He’s also a puppet.
It’s puppets all the way down!
as nauseum
Father, God, shut and bind their mouths and cease this nonsense! Also, hold them accountable to PAY BACK the American people for every single solitary wasted tax dollar.
In Jesus’s Name, I pray, AMEN
AMEN
AMEN
The problem they have now is that this is boring.
Their indifferent response to the natural disaster in the SE, the rotten economy and illegal invasion ruining our country is drowning out their voices.
But not to the IC run mockingbird msm! The fools, lunatics and idiots in the msm especially at MSNBC will chew on that 165 page bone devoid of any meat until and after election day!!! JMO Godspeed President Trump!!!
Yes, nothing left but ridicule which they deserve in spades.
The bigger problem is they are starving people with crap Marxist policy. generally, in the past that’s when the regular folks start taking care of business.
This has been obvious from day one of the persecution against Trump. It’s in the way they phrase their propaganda. “Unnamed sources” being the first flag. Sneaky phrases like might have, or could have been, or probably was, or he thinks this or that. It’s all deceptive with plausible deniability woven into the rhetoric for legal purposes.
Should Trump prevail next month, Scary Mary, ‘Lil Wandy, and Abby-Norm-al should find it damn near impossible to pleasantly exist in the USA.
Same goes for ‘Lil Jack Shit.
All Communist scum should be afraid, in both parties.
Hey JS, go away! We are bored.
Can Trump now file motion to dismiss using the argument that Smith was improperly appointed?
I believe there was an argument that he was precluded from making that argument, on the heels of the Cannon ruling, because too much time had passed in the DC case.
Wondering if he can now make the argument due to new superceding indictment…
Thoughts?
It was Justice Thomas in his concurrence of the Presidential Immunity ruling: “If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a former President,” Thomas opined. “If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding.”
Precisely! Smith has no standing.
Smith was sent from The Hague. Extra Judicial. In their mind this is a Nuremberg trial. They show cards every time they scream N$z&.
They need to go after those damn statutes that have elements that do not correspond with the allegations in the indictment. I kept telling liberals on X (formerly Twitter) that the Electoral Count Act (ECA) is not a criminal statute, and, after deconstructing the allegations against Douglass Mackey because those allegations had nothing to do with the statute used to prosecute Mackey, that Smith better watch out just ransacking Title 18 to find “something”–“anything” that seemed “close.” because he might have the same problem. They used 18 USC 241 on Mackey, the anti-KKK statute, which is probably the first Anti-Terrorism statute, not a statute criminalizing things like “Alternate Electors Slates” and Novel Legal Theories. Well, Smith used the same statute. Nothing in it is anything like what is in his indictment.
18 USC 1512 has nothing to do with the procedures in the Electoral Vote Count, and as a “Congressional Proceeding,” has nothing to do with Judges, Juries, Jurors, Witnesses, Witness Tampering, Murdering Witnesses, Informants, Murdering Informants, and tampering with or destroying documentary evidence. The only part that was close to what Smith needed was 18 USC 1512, c,2. But SCOTUS ruined using c,2 as a blanket for “disrupting an official proceeding.” Smith might think he has gotten over that hurdle, too, by using the Alternate Electors’ Certificates of Votes, but that won’t fly, either, as we have had about seven instances in all Presidential elections to date of such papers being submitted to the President of the Senate and exactly NONE of them resulted in arrests and prosecutions. The ECA takes care of Alternate Electors Slates with procedures for Congress to follow, so by just having this in the GOVERNING STATUTE OF THE JOINT SESSION OF CONGRESS, this indicates that such papers are NOT ILLEGAL, as the ECA concedes they can happen from time-to-time. To top that off, Pence didn’t bother carrying them into the Joint Session and those papers NEVER WERE A “DISRUPTION” in the first place.
Get after the UNLAWFUL use of those statutes in addition to all the other problems with this ridiculous mess.
I wonder if the attorneys and judges involved in this endeavor fall under the label of election interference that Trump has said will be prosecuted?
Sure hope so.
There once was a Smith, named “Jack”
Who claimed to be a legal hack
He tried a legal funnel
Thought he saw light in the tunnel
But got crushed by Trump’s Train on the track
Roses are red, violets are blue
But Trump is orange and told Jack Smith to F-U!
Want someone is or isn’t thinking is beyond any courts purview! It’s a lousy argument and honest judges know better.
Jack smith is a complete hack along with the rest of the lawfare BS!
I really don’t understand what his job is. He seems to have unlimited funds and unlimited time and a figment of his imagination that he is the chosen one.
What a strange creep he is.
That’s the money they stole from us through the everyone connected to the internet scam and the charging station scam. The disgusting POS.
He is 0-for-3 in high profile political cases going to back to when he ran the public corruption part of the DOJ. Smith had the first bite of the BOB MENENDEZ apple, and choked on it. It must gall him that someone else finally got the job done. He tried with JOHN EDWARDS, and lost that one. He went after GOP Virginia governor O’Connell and SCOTUS spanked him in an 8-0 decision.
He is a STONE LOSER. The only thing you have to wonder about this is, why are all of these incompetents (Letitia James, Bragg, Fani Willis, and Jack Smith) being assigned to “GET TRUMP?” Are not these Deep State characters interested in actually WINNING one of these things? Letitia is on her way to getting trounced in the New York Supreme Court, and she can’t be sanguine about her job security over this one. I think those justices are indignant about this one. Wait’ll they find out about Merchan’s antics in the courtroom, and they hired a Stone Loser of High Profile Political cases to prosecute Trump in federal court.
I just wonder how serious those people really are about these cases.
Great post(s).
I heard the NY 1st appellate court hearing last week. They weren’t having it. But in legalese and with case citation. The appeal lawyer for the state, barely got her name out before being peppered with “doubts” from one, possibly two justices. Right out of the gate.
Was encouraging.
First as farce, then as even bigger farce.
This is a Hail Mary with time ticking to zero for these DC swamp creatures!
President Trump is aware!
“FOR 60 DAYS PRIOR TO AN ELECTION, THE DEPARTMENT OF INJUSTICE IS SUPPOSED TO DO ABSOLUTELY NOTHING THAT WOULD TAINT OR INTERFERE WITH SAID ELECTION.
THEY DISOBEYED THEIR OWN RULE IN FAVOR OF COMPLETE AND TOTAL ELECTION INTERFERENCE. I DID NOTHING WRONG, THEY DID! THE CASE IS A SCAM, JUST LIKE ALL OF THE OTHERS, INCLUDING THE DOCUMENTS CASE, WHICH WAS DISMISSED! ”
https://truthsocial.com/@realDonaldTrump/113244394589094895
“This is a case of Election interference by Jack Smith. Old information that should not have been released prior to the Election. There was no reason to release it.” – Gregg Jarrett, FoxNews
https://truthsocial.com/@realDonaldTrump/113243153167079873
I hope the judge or any judge will have him disbarred, fine him for wasting the courts time, and/or at a minimum tsk tsk him for being the court jester.
Prosecute him by his own standard.
Jack Smith and standards. That’s like one of them oxymorons.
Things will be better when the communists and their willing accomplices are held to account, one way or another.
The DOJ Lawfare system creates a banana republic type of fake legal system. The citizen is brought up on patently ridiculous charges; the guilty verdict is known in advance. The citizen is not able to avail himself of being considered innocent until proven guilty, and often there is no appeal process available.
To make our republic’s system of laws into a kangaroo court is an effort to destroy our Bill of Rights, and to create a totalitarian system in which criminals have all the power. The only way they can maintain their power is by destroying any and all political rivals. This is a clear sign that those in power do not have the consent of the people. They cannot win the consent of the people so they are reduced to grabbing power and destroying anyone that might threaten their power.
The DOJ and all of the Democrats WILL AGREE with you…. when they aren’t in power.
You just encapsulated precisely what was done to Mesa County’s Tina Peters in Colorado. She was just sentenced to 9 years in prison, without so much as an opportunity to get the truth out that she had done her job and FOLLOWED ELECTION LAW, resulting in harassment by the CO SOS, arrest, and indictment. Massive LAWFARE. There will be retribution for all of this, and it cannot come soon enough.
Lawfare’s last gasp for relevance. They know they are screwed. Not a lawyer but this is pretty blatant election interference. Good news is they will get to deal with Ken Paxton in 2025.
All of these lawless lunatics should be prosecuted using the same standard they’re attempting to use against President Trump.
So with P. Diddy (Puff Daddy for you older rap lovers) languishing in jail, our Hamas look alike terrorist lawyer Jack Smith
comes out with what he hopes will be a “kill shot” with words on President Trump prior to the election. Recall the recent crystal ball prediction of Benghazi Hillary that there would be an October surprise…and presto, here is the first of what I think will be the “machine gunning” attempts on Donald Trump.
The 60’s feminists are up in arms, in more ways than one might think! If the Jan 6th game can’t kill him (with legalese words, etc.) there must be more sewage they have planned. Wait for it…it is coming, as the Louisiana Chef Justin Wilson used to say “I’ll guarantee it!”
Can the Trump campaign capitalize on the news where FEMA’S funds were raided by Mayorkas and other Biden/Harris pals and now there is little left in that cookie jar to help the Americans suffering from this hurricane Helene cause that money went to support “illegal aliens” who are so much more important to the democrats!
And you don’t think the democrats will steal this election? Gird your loins real American citizens–who know Trump is the best shot at reform in Washington where he is considered “bad for business (Washington business that is)!”
The first time I saw his face I thought, that is the face of evil! I don’t recall ever having that reaction to anyone, before seeing him.
As everyone knows the 2020 election was stolen. President Trump will go to jail for life if the steal the 2024 election too.
President Donald Trump is my hero. Best President in my lifetime. Peace and Prosperity.
Michigan
Total: 1,420,435
[email protected]
Omega4.com-free
Their voices spreading Jack the Hack’s gossip are drowned out by their gross indifference shown to the victims of Hurricane Helene, the deplorable Biden/Harris economy and the illegal invasion of our country by foreign forces.
When Trump wins they intend to use this to claim he can’t be president.
It has already been established that even if he were convicted of felonies it would not disqualify him. That said, it’s safe to say once the long knives have come out, all of the more “system abuse” methods are less likely to be used. In the growing eyes of the public, they have destroyed all of their credibility. So nothing short of killing him will be their primary goal from that point on.
All of this other stuff? It’s more about damage control and entertainment for their currently loyal supporters. Have a look at Meidas Touch network on youtube to see some pretty incredible cheer leading of the left. They are losing support and this “process is the punishment” is mostly for THEM.
What I expect to see is the elections being cancelled by “cyber attacks” (which shouldn’t be a thing because elections aren’t supposed to be on the internet!) and all sorts of infrastructure attacks. Printers not working? Used the wrong size paper? You haven’t seen anything yet.
Their next move is to disrupt the normal elections process and get the house to appoint the president.
Whatever it is, it will not be subtle.
Yep Jamie Raskin already publically stated they won;t certify it if he wins.
They will use this as reason not to. But what happens if that happens?
Does Biden stay in. Does K automatically win? DO they put in Vance.
The DOJ has no standing to define Presidential power or authority, according to our constitution. They work for the president, and at his discretion.
What would have happened during Trump’s first term if he did that? We already know. Despite the fact that everyone hated Comey, they impeached him for firing someone under his authority which was not at all legitimate.
This could make The President a slam dunk! Except for those who have swallowed this mess.
What grants Smith standing?
Nothing but presumption. SCOTUS hinted as Smith’s inappropriate appointment. Judge Cannon acted on it. But unless it’s appealed, that ruling stays in her court and doesn’t expand beyond that…. which is why they don’t appeal that ruling.
Thank you SCROTUS! We are where we are because you had your collective heads up your ashes in 2020. Your lower courts make a mockery of our judicial system.
So much for another “bombshell.”
Jack Smith is not a legitimate prosecutor. Judge Aileen Cannon ruled this. SCOTUS had already hinted at it. Neither Jack Smith nor the DOJ nor AJ Weazel-face have decided to appeal on Cannon’s ruling. Why? Because if it stays in her district, it will not spread across the nation. They know what they are doing is wrong. But they won’t be stopped until someone stops them.
Smith has appealed.
https://www.npr.org/2024/08/26/g-s1-19642/special-counsel-jack-smith-judge-cannon-appeal-trump-classified-documents
Tina peters gets 9 years
I expect Trump will be imprisoned also
No pleasure saying this, and frankly scared about the logistical issues this presents
Spiritually I feel we win, but these a formidable issues
Your expectations will not be met. Trump is not Tina.
Trump’s attorneys have been granted the opportunity to respond with an equally lengthy retort by October 17th.
Jack Smith and his merry band will ultimately be smoked by the Supremes.
This filing is a VIOLATION of Alinsky Rule 7: A tactic that drags on for too long becomes a drag. Commitment may become ritualistic as people turn to other issues.
The media has never stopped trying to weave a story that they can push. However, Smiths tactics have become so redundant that even Democrats are rolling their eyes with this new filing.
It only needs to drag on until Nov 5
Also forgetting that “election fraud” is a Federal felony, and that the President is required to “take Care that the Laws be faithfully executed.” Any action that he takes to draw legal attention to what he alone deems might be “not faithfully executed” IS an official act: the exercise of the Constitutional mandate that he is not allowed to ignore. He does not have to be “right.”
Indeed, if he felt that this Crime had been committed, but did and said nothing, it could be “aiding and abetting.”
Jack Smith and his ghost-writers are legal comedians.
Comedians? How about terrorists!
Reading this, hot on the heels of Mayorkus’ claim that FEMA doesn’t have enuf $ to get thru hurricane season, makes me want to blow a gasket. What about WNC & the others decimated by Helene? FEMA is stopping even private help until they line up their preferred vendors. People are dying. In the meantime Smith & the corrupt cretins behind him are trying to ruin the best friend & defender we have. It’s all so awful, so evil.
They don’t give a rip about us
“Many followers have accepted that Jack Smith is not necessar
ilythe person constructing the legal filings”Your heart has to be black as coal Jack Smith.
What a waste of human breath, but valuable to demons – as long as they can find a human vessel to work through.
I suggest we all incorporate rebuking Satan into our daily prayers.
This was an official function. If the President believes there is evidence that the election was in any way compromised, as the Commander in Chief and the head of the government of the USA, he is obliged under law to do something about it.
Whatever it is or is not, it works on a % of the sheeple. My older sister will eat it up like warm creamy sweetness and spew it all back out. Her entire verbal dislike of Trump is generally “he lies.” She is a buffoon but many like her will not doubt a word of the “story.”
No one cares at this point what Jack and the Judge have sailing around the courthouse. Yawn….
More and more, I feel that people have already chosen the candidate for whom they are going to vote. There isn’t anything in an October surprise that is going to make me change my vote. I’m not sure how many people are still on the balance bar trying to choose, but I really don’t think it is a whole lot.
The people who are voting for President Trump know that he has been attacked and attacked – completely opposed to any real rule of law – by this evil mess of an administration.
Just in time for
Christmasthe election………..Jack still has the problem of being a civilian with no authority to prosecute anyone.
See, that’s the thing about Lawfare…….the law doesn’t matter to them.
And yet, he has a sugar daddy with Garland illegally giving him tens of millions of tax dollars, but not signing the indictment trying to pretend that his utterly corrupt department isn’t involved.
Again, the type of asset being activated gives a good insight into the real state of the race. Walz’s crash and, bug-eyed, burble of a debate performance must have caused serious concerns, because Chutkan was activated shortly afterwards to resurrect the J6 narrative. This might indicate that the Harris campaign is concerned about her pull on traditional supporters, and calculate that they might be influenced by such ‘revelations’.
Look out for a corresponding Rino activation, who will be ‘horrified at the ‘new’ details, and urge people to vote for ‘common sense’.
Robert Gouveia read through this on his YT channel last night. The footnotes of this ‘document’ are quite interesting, as well. A good portion of them come from Mike Pence’s book, ‘So Help Me God’. As Sundance says, there is barely a sentence of this 165 tome that would survive the light of day in a courtroom. It’s a totally absurdity. Three quarters of it are the telling of the ‘narrative’ of the Trump presidency without any discussion of ‘immunity’ at all. It is only that last quarter that discusses immunity at all. As Smith was instructed, by the SCOTUS ruling, to remove or discuss any question of presidential immunity, he fails to do this. Actually, he doesn’t even attempt to do so.
So Pence asks God to help him, lie, besmirch and assassinate Trump’s character? The man proves he’s a rank unbeliever and has completely justified my total contempt for him.
P1,2,3,4,5 to infinity sounds like some characters in Star Wars.
Twitter land is having the vapors over this ..
So basically it is he
THOUGHT about doing something. the TALKED about doing
something (but in the end he didn;t do ANYTHING..) they just don;t’
include that last part in the filing..
Jack Smith red diaper doper baby, spreading more manure. Should have been a farmer Jackie boy.