Saturday Schadenfreude: Jack Smith must be kicking the wall
Friday wasn't a good day if your name was Jack Smith and you had an elaborate masterplan to Get Trump that you claimed was 'justice.'
According to Reuters:
WASHINGTON (Reuters) - The U.S. Supreme Court on Friday declined to immediately decide former President Donald Trump's claim that he cannot be prosecuted for trying to overturn his 2020 election defeat, allowing a lower court to continue reviewing the issue.
The justices, rebuffing an extraordinary request by U.S. Special Counsel Jack Smith, refused to effectively leap-frog a lower appeals court in order to speed up a final ruling on Trump's claim of criminal immunity ahead of the former president's trial.
Prosecutors have accused Trump, the frontrunner for the 2024 Republican presidential nomination, of attempting to obstruct Congress and defraud the U.S. government through schemes to reverse Democratic President Joe Biden's 2020 election win.
Isn't this none of Jack Smith's business as a presumably disinterested special prosecutor with an unlimited budget? Why would it matter to him when his own case against his quarry went forward? Somehow, he wanted to shortcut the appeals process ... in order to get the case done before Super Tuesday, which is a mighty odd coincidence.
Smith's arguments to jump his case before the Supreme Court were dishonest and disingenuous, but also pretty revealing:
In a bid to avoid delaying Trump's trial, Smith on Dec. 11 urged the Supreme Court to undertake an expedited ruling - even as the D.C. Circuit court races to rule on the issue.
If Trump is reelected to the White House on Nov. 5, he could seek to pardon himself of any federal crimes.
Trump's lawyers opposed Smith's request, telling the justices in a court filing the special counsel's bid to bypass the normal appellate process amounted to a "rush to decide the issues with reckless abandon."
Avoid delay? As the Trump team pointed out, he'd waited three years to lay the insurrection charges on Trump, why would it matter to him if it took a little longer?
His whole ploy laid bare that what he wanted to do was knock President Trump out of the 2024 election and never mind how he did it. What he wanted to do was wipe out the very valid argument of presidential immunity. Normally, this idea must wend its way through the appeals court, which probably would have rejected it, and only then heading to the Supreme Court. However, Smith was going to go straight to the Supreme Court. Then, the case would be back before Circuit Judge Tania Chutkan to work her anti-Trump magic (and we all know she will, she hasn't made her politics secret here) in time for Super Tuesday.
Obviously, we know what he's doing: He's trying to get a conviction without getting a conviction, just because it's Trump. It's as sorry a tactic as any prosecutor with a weak case could launch.
It's also cause for schadenfreude laughter: He was close, soo, soo, sooo close to having Trump pinned down with a friendly judge and a uniformly leftist jury from the D.C. swamp area, the kind of jury that let a falsifier of FISA applications off the hook earlier, that he thought it was a wrap.
But it's not a wrap. The Supreme Court acted as the Supreme Court under Justice John Roberts often acts, which is to not get involved. They showed that attitude to President Trump when he tried to challenge electoral rigging in some states, and fortunately, they are showing that attitude now to Smith. They don't like these politically charged cases, so down they go to the small-fry judges for them to hash out.
Too bad for Jack Smith, who must be kicking the wall about this.
The Supremes likely will get the case again, owing to the rigged courts in D.C. and that will take time, probably after the next election, which throws a spanner in the works for Smith unless Democrats can steal another election. If the Supreme Court has to rule on this, they may well rule in Trump's favor because the Smith case is so objectively weak and his political agenda is so objectively strong. But it's not a sure thing of course, as they know very well that antifa could be on their home doorsteps and the D.C. cops and officials will do nothing. That's another reason why they don't want to touch these political cases with a ten-foot pole.
For now, Smith is licking his wounds with his increasingly politicized agenda exposed for all.
Advantage: Trump.
Image: Twitter screen shot
.