Jack Smith’s Struggle in Pursuing Trump: A Fumbling Legal Strategy?

[Social Media]

 

The legal efforts to disqualify former President Donald Trump from running for office have largely fallen flat, and special counsel Jack Smith finds himself at the center of the blame. Despite the aggressive approach Smith has taken in prosecuting Trump, his efforts have so far yielded few tangible results. Many expected a swift and decisive outcome, especially in cases that seemed open-and-shut, such as Trump’s mishandling of classified documents at Mar-a-Lago. Yet, in an unprecedented legal twist, the case was dismissed on the grounds that Smith lacked the standing to prosecute Trump.

 

Another significant setback came in the Washington case, where Trump faced charges of conspiring against democracy. The Supreme Court’s ruling on presidential immunity derailed Smith’s efforts, essentially forcing the case back to square one. In response, Smith filed a lengthy and unusual 165-page document, containing grand jury materials meant to bolster his position. This move, however, was criticized for appearing to violate the Justice Department's longstanding rule against taking investigative actions that could influence elections. “Federal prosecutors … may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election.”

 

Veteran prosecutor Elie Honig referred to Smith's latest filing as “Smith’s October Cheap Shot,” suggesting that the timing of the move was a deliberate attempt to influence public opinion on the eve of the election. The information in the filing, though damaging, offered no new bombshell revelations. The details reiterated Trump’s efforts to pressure Vice President Mike Pence to overturn the election results and his conduct on the day of the Capitol attack, including his dismissive response when informed that Pence was in danger. When told that his supporters were threatening Pence’s safety, Trump’s indifferent reaction was: “So what?”

 

Despite the potentially damning evidence, many legal experts argue that Smith's actions might do more harm than good. Drawing comparisons to FBI Director James Comey’s controversial handling of Hillary Clinton’s emails in 2016, critics see a troubling pattern. In both cases, last-minute revelations appear to have violated the Justice Department’s rule against politically charged actions close to an election. As one critic noted, “Smith could have waited a month. There was no hurry.”

 

Smith's missteps have not been limited to the timing of his filings. His decision to bring the Mar-a-Lago documents case in Florida rather than Washington, D.C., was also a miscalculation. In Florida, Trump won 51.2% of the vote in 2020, while in Washington, he garnered only 5.4%. Moreover, Smith’s choice of Florida placed the case in front of Judge Aileen Cannon, a Trump-appointed judge who had already demonstrated a clear bias in favor of the former president. Cannon had been rebuked twice by the 11th Circuit Court for her questionable rulings related to the Mar-a-Lago search warrant. Despite this, Smith gambled on avoiding her jurisdiction but ended up with a one-in-three chance of landing her as the presiding judge—a risk that backfired.

 

Adding to the complications, Smith chose to indict Trump’s valet, Walt Nauta, and his Mar-a-Lago property manager, Carlos De Oliveira, as co-defendants. This decision complicated the case and played into Trump’s strategy of delaying the trial. By joining Nauta and De Oliveira in the case, Smith inadvertently created room for procedural delays, as the two defendants requested additional time to review documents and prepare for discovery. Legal analysts argue that Smith could have prosecuted them separately, which would have simplified Trump’s trial.

 

Now, with time running out, Smith’s legal maneuvers appear increasingly desperate. If Trump wins the 2024 election, these cases will likely be dismissed, as the sitting president cannot be criminally prosecuted. Even if Vice President Kamala Harris were to become president, there’s a chance the cases could be dropped. 

 

Ultimately, Smith’s mismanagement of these high-profile cases has left him in a precarious position, and his failure to anticipate Trump’s delay tactics has hindered the legal process. As the clock ticks down, it seems Smith’s pursuit of Trump may end without the conviction he has worked so tirelessly to achieve.

 

Based on a report from The Hill 2024-10-11

 

 

 

[Tug]

Smith is operating within the law it’s extra difficult with a crooked judge (cannon) and the supreme courts ruling on immunity+ the wealth and position of trump.In my opinion after he loses he will pay consequences 34 felonies and counting well over 500 million in fines and counting……+ all the cases the traitor is facing that haven’t been to court.it’s inexcusable these cases haven’t been adjucated before the election!

[Cryingdick]

Let him keep doing what he do. It hasn't had a very good result so far. He is part of the reason Trump looks likely to win at this point.

[thaipo7]

2 hours ago, Tug said:

Smith is operating within the law it’s extra difficult with a crooked judge (cannon) and the supreme courts ruling on immunity+ the wealth and position of trump.In my opinion after he loses he will pay consequences 34 felonies and counting well over 500 million in fines and counting……+ all the cases the traitor is facing that haven’t been to court.it’s inexcusable these cases haven’t been adjucated before the election!

You are completely wrong as usual.  He was not legally appointed in the first place.  AG Garland knows he does not have the authority to just appoint a civilian in this instance.  This has to be approved by Congress and he was not.  He was know for he stretching the limits of the law to fit a crime that is real or not.  Jack was brought in from the Hague.  Look on the Internet and look at the number of cases that were overturned.  In one case against a VA Governor the US Supreme Court overturned the case 8 to 0.  When you get the Leftist to agree that Jack did something wrong, you KNOW he had to be wrong.  Instead of posting your not accurate posts, why not spend time on the Internet and educate yourself.  You are always completely wrong.

[thesetat2013]

3 hours ago, Tug said:

Smith is operating within the law it’s extra difficult with a crooked judge (cannon) and the supreme courts ruling on immunity+ the wealth and position of trump.In my opinion after he loses he will pay consequences 34 felonies and counting well over 500 million in fines and counting……+ all the cases the traitor is facing that haven’t been to court.it’s inexcusable these cases haven’t been adjucated before the election!

Oh please. Smith began all this with his clear intent to only stop Trump from running as president and to make his name famous. The fact of when and how he proceeded with all his cases shows he was not qualified to do any of it. Which also leads me to believe most of it was hogwash made just to make Trump look bad. 

[thaibeachlovers]

Smith is looking incompetent. 

 

When trying to eliminate a political candidate via the justice system it is better to not have a numptie running the case.

[jippytum]

People like Smith have used countless  legal arguments to prevent Trump running in the election.

 His    obsessive persecution of Trump has greatly enhanced Trump's  election bid. 

[Srikcir]

6 hours ago, Social Media said:

This move, however, was criticized for appearing to violate the Justice Department's longstanding rule against taking investigative actions that could influence elections.

It did not and accepted by the judge, now pending response from the defense within 7 days.

[Srikcir]

6 hours ago, Social Media said:

Smith lacked the standing to prosecute Trump.

See federal law 28 CFR Part 600 - GENERAL POWERS OF SPECIAL COUNSEL

https://www.ecfr.gov/current/title-28/chapter-VI/part-600

 

See also 5 USC PART II, CHAPTER 12, SUBCHAPTER II: OFFICE OF SPECIAL COUNSEL

From Title 5—GOVERNMENT ORGANIZATION AND EMPLOYEES PART II—CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES CHAPTER 12—MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION

https://uscode.house.gov/view.xhtml?path=/prelim@title5/part2/chapter12/subchapter2&edition=prelim

 

Guess who else used Special Counsel?

Republican appointed Attorney General William Barr appointed US attorney John Durham as a special counsel to investigate the origins of the FBI's probe of Russian interference. Dec. 2020 https://www.politico.com/news/

 

https://www.politico.com/news/

 

[Will B Good]

 

This is a glimpse of how things will be in the future if Trump....God forbid.......wins.

 

Even now Trump appointed judges and SCOTUS are protecting him......once in power he will wreak havoc.

 

Curiously I now find myself in a win-win.

 

If he loses...brilliant.....if he wins....I'll sit back and savor the uneducated, white, hard of thinking US males suffer the consequences. 

[JonnyF]

Nobody has made the lawfare against Trump look more obvious, and more inept than Jack Smith.

 

Hopefully he remains in the spotlight to remind everyone how the "Democrats" like to eliminate their political opponents via bogus legal action. 

 

 

[Will B Good]

1 minute ago, JonnyF said:

Nobody has made the lawfare against Trump look more obvious, and more inept than Jack Smith.

 

Hopefully he remains in the spotlight to remind everyone how the "Democrats" like to eliminate their political opponents via bogus legal action. 

 

 

 

 

As opposed to Jim Jordan's two year effort to present zero evidence in an attempt to impeach Biden.....555555

 

 

 

 

[Wrwest]

4 hours ago, Tug said:

How so?just because I see trump as a threat makes me suspect?but i choose to take that comment with a chuckle look it up on utube its spot on and well done!

Trump has proven he is a threat by directly ststing that we are in danger of being hurt if we supported Harris.

[gejohesch]

7 hours ago, Tug said:

Smith is operating within the law it’s extra difficult with a crooked judge (cannon) and the supreme courts ruling on immunity+ the wealth and position of trump.In my opinion after he loses he will pay consequences 34 felonies and counting well over 500 million in fines and counting……+ all the cases the traitor is facing that haven’t been to court.it’s inexcusable these cases haven’t been adjucated before the election!

You have summarised it well!

[metisdead]

Posts using derogatory and toxic nicknames or intentional misspelling of people’s names will be removed. If you don’t want your post to be removed, spell people’s names correctly, this applies to both sides of the political debate.

[Wanderer555]

On 10/11/2024 at 10:09 AM, Srikcir said:

See federal law 28 CFR Part 600 - GENERAL POWERS OF SPECIAL COUNSEL

https://www.ecfr.gov/current/title-28/chapter-VI/part-600

 

See also 5 USC PART II, CHAPTER 12, SUBCHAPTER II: OFFICE OF SPECIAL COUNSEL

From Title 5—GOVERNMENT ORGANIZATION AND EMPLOYEES PART II—CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES CHAPTER 12—MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION

https://uscode.house.gov/view.xhtml?path=/prelim@title5/part2/chapter12/subchapter2&edition=prelim

 

Guess who else used Special Counsel?

Republican appointed Attorney General William Barr appointed US attorney John Durham as a special counsel to investigate the origins of the FBI's probe of Russian interference. Dec. 2020 https://www.politico.com/news/

 

https://www.politico.com/news/

 

The argument against Smiths appointment is that he was a private citizen and did not go through the defined appointment process. 
Durham was serving as an officer of the court and had already been through the appointment process, thus allowing AG Barr to legally appoint him as Special Counsel. 
 

———————

 

Attorneys who authorize the investigation and prosecution of federal crimes must be officers of the United States because they wield significant government power. Under the clause, there are just two ways of qualifying as an officer of the United States: the appointee must either be (a) nominated by the president and confirmed by the Senate, or (b) appointed to a position that “shall be established by law” — which is to say, by a congressional statute.

Smith, who has run the Trump investigations since his SC appointment by Garland on November 18, 2022, was not appointed under either of those procedures. To the contrary, he was purportedly appointed under the Justice Department’s SC regulations.

 

https://www.nationalreview.com/corner/andy-mccarthy-on-why-jack-smith-appointment-was-unconstitutional/

[Purdey]

Why do people wield the word "treason" here and elsewhere with such impunity? Treason is the only crime that is given a definition in the Constitution and nowhere does it say, "someone I don't like".

[thaibeachlovers]

2 hours ago, Wrwest said:

Trump has proven he is a threat by directly ststing that we are in danger of being hurt if we supported Harris.

But but but, you guys are always saying every word out of his mouth is a lie!

Are you making an exception on this?

 

Seriously, you actually think he is going to hunt down every one of the millions of people that vote for Harris and hurt them?

 

[BigStar]

4 hours ago, Srikcir said:

See federal law 28 CFR Part 600 - GENERAL POWERS OF SPECIAL COUNSEL

 

Then see Judge Aileen Cannon's lengthy conclusion that special counsel Jack Smith’s appointment violated the Appointments Clause of the Constitution.

 

https://www.politico.com/news/2024/07/15/read-the-classified-documents-ruling-00168234

 

 

[BigStar]

10 hours ago, Tug said:

after he loses he will pay consequences 34 felonies and counting well over 500 million in fines

 

Wrong again. That looks to be overturned as well. Political lawfare not working!

 

NY Appellate Court Weighs Tossing Trump’s 34 Felony Counts, Threatens Sanctions for Prosecutors Over Bogus Case, Election Interference

 

[Wrwest]

19 hours ago, thaibeachlovers said:

But but but, you guys are always saying every word out of his mouth is a lie!

Are you making an exception on this?

 

Seriously, you actually think he is going to hunt down every one of the millions of people that vote for Harris and hurt them?

 

Verbal threats by bullies are enough for me to reject. "You guys"? Too broad of a brush. I do not claim "every word out of his mouth is a lie". The fact is well established that he is a documented prolific  liar.

[illisdean]

On 10/11/2024 at 2:45 PM, BigStar said:

Wrong again. That looks to be overturned as well. Political lawfare not working!

LOl...lawfare. All failing now. Letitia James and Engoron et al may have shot themselves in the foot.

 

[thaibeachlovers]

On 10/12/2024 at 2:41 PM, Wrwest said:

Verbal threats by bullies are enough for me to reject. "You guys"? Too broad of a brush. I do not claim "every word out of his mouth is a lie". The fact is well established that he is a documented prolific  liar.

You seem easily offended. Takes a bit more than pub talk to make most guys I know get that upset.

 

Re Trump, IMO he can lie all he likes as long as what he does is better for all of us.

I liked that Trump destroyed the Trans‐ Pacific Partnership, and that he is for stopping illegal immigration, pumping oil and not starting wars.

[Wrwest]

On 10/14/2024 at 5:09 AM, thaibeachlovers said:

You seem easily offended. Takes a bit more than pub talk to make most guys I know get that upset.

 

Re Trump, IMO he can lie all he likes as long as what he does is better for all of us.

I liked that Trump destroyed the Trans‐ Pacific Partnership, and that he is for stopping illegal immigration, pumping oil and not starting wars.

We agree on stopping illegal immigration ... a bipartisan Bill was resented, Trump killed it as he wanted to use this as a campaign issue. The USA is currently pumping oil at it highest rate under the Biden administration. Not starting wars? Right ... he stated that uses should be free to do as it wishes ... I do not view that as being in our interest. I also had issues with the Trump agreed to Afghanistan withdrawal (we might agree we should not have occupied ... I favored a devastating retribution for their allowing the 9/11 training camps but boots on the ground I opposed both there and in Iraq. Not knowledgable enough to weigh in on the TPP.