DOJ Drops Jack Smith Lawfare Cases, Using 2024 Election Outcome as Justification
In Florida, Judge Ailleen Cannon threw out the “classified documents case” against President Trump, citing in her opinion that Special Counsel Jack Smith had no constitutional authority to target and charge President Trump. Did you notice the missing DOJ appeal effort?
In the J6 case President Trump was accused of conspiring to illegally overturn the 2020 election. Charged with conspiracy to defraud the United States, obstruction of an official proceeding and conspiracy against rights. However, the Supreme Court decision on presidential immunity, again threw a wrench into the Lawfare strategy.
President Trump wins a massive electoral and popular vote landslide election. Within 12-hours the DOJ announce that technical legal processes block them from targeting a president-elect and sitting president.
The non-pretending reality of the issue is that Jack Smith and the Lawfare attacks were always going to end up in appeal to the Supreme Court, and the high court had already put its opinion on record. The election result provides the DOJ an excuse, a plausible justification to save face.
(Via NBC) – Justice Department officials have been evaluating how to wind down the two federal criminal cases against President-elect Donald Trump before he takes office to comply with long-standing department policy that a sitting president can’t be prosecuted, two people familiar with the matter tell NBC News.
The latest discussions stand in contrast with the pre-election legal posture of special counsel Jack Smith, who in recent weeks took significant steps in the election interference case against Trump without regard to the electoral calendar.
But the sources say DOJ officials have come to grips with the fact that no trial is possible anytime soon in either the Jan. 6 case or the classified documents matter — both of which are mired in legal issues that would likely prompt an appeal all the way to the Supreme Court, even if Trump had lost the election.
Now that Trump will become president again, DOJ officials see no room to pursue either criminal case against him — and no point in continuing to litigate them in the weeks before he takes office, the people said. (read more)
In the New York City case, watch Judge Merchan defer any sentencing outcome pending the appeals to the higher state court. Those appeals will likely be successful, and the entire issue sitting in front of Merchan becomes a moot point.
Remember what we always said about Lawfare as defined:
With the election over the value of Lawfare is gone.
They failed!
Don’t forget to eat your winnamins.
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