Dereliction of Duty. Jack Smith Throws In the Towel

Jack Smith, and Merrick Garland have chosen the easy route. Smith has at I’m sure Garland’s urging (more like begging) made a filing in DC to dismiss the federal criminal charges against Trump. It’s a capitulation that’s enraging to countless people including me. I see it as more than a BETRAYAL, and dereliction of duty. It’s also a forlorn, hopelessly naive attempt at appeasement. From where I sit the logic is along the lines of ‘If we do Trump’s dirty work for him instead of making HIS DOJ dismiss the indictments he’ll leave us alone. Or at least go easy on us.’

Whatever the hell it is Smith and Garland are smoking I sure as hell need some. Since the election results were clear in fact. But the ‘bigly’ news today is that Smith has in fact wasted little time in doing what so many said he’d “have” to do.  This is a breaking story and I’m sure I’ll have plenty more to say in the days, weeks, months and perhaps years to come. As will others.

For now however, just to get started here’s the basics as reported by NBC News.  Oh sure, there’s caveats such as that DOJ ‘policy’ of not indicting or trying a sitting President.  Yes, there are practical considerations but sorry – if a President can be tried for Civil Crimes he/she can damn sure stand trial for criminal ones. Have shorter court days if necessary so that a President can tend to official duties. Of course in Trump’s case most of his time is spent watching TV or on the golf course so sitting in court wouldn’t be that much of a burden but I digress.

Still, it’s been DOJ policy for over fifty years now. It came about I might add in great haste. It was a way to get Nixon’s cooperation in forcing Agnew’s resignation from the VP slot. However we are where we are and we all knew long before election day that if the worst (Trump winning) happened he’d have DOJ file for dismissal first thing. To which I say Garland should have grown a spine and held out.  Make Trump do his own damned dirty work!  A little strong language today just doesn’t cut it:

Smith’s office wrote in Monday’s filing that it’s seeking to dismiss the charges in line with the Justice Department’s longstanding position that it can’t charge a sitting president. But, it added: “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind.”

Well whoopty effing doo. That tidbit about the merits of the case will be drowned out in no time. At the moment I see this as a huge early holiday present for Trump and conservatives. A Happy Thanksgiving and Merry Christmas (and Happy New Year) all rolled up into one. NOW they can crow about “Total Exoneration” and so on, and not worry about what damning evidence Smith would have revealed in federal court at the hearing that was scheduled for December.

Ok, so Smith can file a Special Counsel report. I supposed there are technicalities about whether he could submit one or it could be release if the charges were still pending when Trump is sworn in. However I’m pretty sure that a few days prior to the inauguration Smith COULD have sh*t all over Trump’s bigly day by filing at least an interim report and Garland releasing it. Or if he had to resigning at the last moment and a final report being released!

Trump and Republicans would of course have been furious.  So what? As I’ve said Trump will have his new AG coming for Smith and Garland full force regardless!  Maybe it’s the jarhead in me (or the fierce competitor I was as an athlete before that) but I believe you fight like hell to the end. Even when you know you’re going to lose. Within the rules, and sometimes yes, bending them a bit you carve out every single chunk of your opponent you can.  Proverbially in this case leave em bleeding, and if down the road even dying from the damage you inflict before your own demise.

I see it as a bad sign that Smith is throwing in the towel this early. IF, as I believe is more than a little possible Garland has told him much of any final report will remain under wraps he’s discouraged enough to just be done with it all. Don’t think for a second Garland is wanting to avoid releasing the full breadth of evidence that Smith has developed and would have presented in court. Those exhibits would if released keep the few journalists with guts and  historians/legal scholars occupied for years, if not decades to come.

Well, I can’t do a damned thing but rant. Smith and Garland long passed the point where they can ever stop looking over their shoulder for the rest of their lives. From where I sit instead of wasting time and hope trying to curry favor with Trump by doing his dirty work for him they should have legally ‘stuck in the shank, twisted it and then broke that sucker off’ and leave Trump and his minions to deal with it.

Well, I’m at the limit of being able to control the ‘colorful’ language my rage wants to be typing for you to read. I, and others I’m sure will have plenty more to say and soon.

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