Jack Smith Jumps The Gun. And Blew A Hole In Trump’s “Immunity” Defense

You could just feel something in the air. Following the Supreme Court’s ruling granting Traitor tot some limited immunity for official acts, and sent the case back to District Court Judge Chutkan, she scheduled a hearing date by when she wanted the two sides written arguments on how they should proceed forward. Oddly enough, Special Counsel Jack Smith, who had consistently pushed for speed, suddenly asked for a delay, saying he needed to consult with different departments of the DOJ as to how to interpret the Supreme Court’s ruling. That delay was granted.

Which is why Judge Chutkan had a hearing scheduled for this Friday, for all written arguments on the way forward to be turned in. And boy!, did Smith turn it in today. Instead of written arguments on interpreting the SCOTUS ruling re: the Trump case, Smith did the heavy lifting for Chutkan.

He walked into court and filed a superseding indictment on Trump’s ass instead. And in doing so, he not only did his best to interpret the SCOTUS decision for Chutkan, he acted on that interpretation and refiled the charges, with new evidentiary guidelines. And in doing so, he once again put the pedal to the metal on this case, drastically cutting Traitor Tots potential for appellate bullsh*t.

It went like this. After the SCOTUS decision, Smith did indeed go back to the DOJ, but not because, as some thought, his case was in trouble. Smith’s case was never in trouble, he had more evidence and testimony than  he needed to prosecute the case.

What Smith wanted to do was to cut out the chaff and streamline his case to make it bulletproof on the immunity front. As such, he dropped things like Traitor Tot’s conversations with DOJ officials he was trying to corrupt. The same thing with some e-mails and texts to the same people, deemed redundant.

Basically Smith self appealed his own case to himself, as well as the DOJ’s Office of Legal Counsel to pick every nit that could possibly be deemed an official act, and pulled it. Then he went before the grand jury and presented his new case, getting a brand new, shiny indictment. All four original charges are still there, but with the superseding indictment, it’s not the case Trump argued in front of the Supreme Court anymore.

Trump is boned, and he doesn’t even know it yet. With this move Smith managed to knock off anywhere from 6-12 months of delay tactics from the Trump team, and in his filing even launched a shot across the SCOTUS bow. But I’m pretty sure El Pendejo ex Presidente’s legal Koi know what’s going on, and they’re likely panic stricken.

Here’s why. In sending the case back down to Chutkan, the SCOTUS was leaving it up to Chutkan to develop a way to determine what evidence and testimony was or could be considered official acts, and then either sanitize them or remove them completely.

Which was playing right into Trump’s lawyers hands. Their plan was simple. File the written arguments on how to proceed. Then argue in person against any solution that didn’t involve dropping the charges against Trump. Then, no matter what Chutkan decided to allow to stay in and proceed, appeal her ruling as not meeting the SCOTUS carve-outs. Lose that, and it’s on to the Supreme court again. At least a year lost.

But here’s how Smith made monkeys out of Il Douche’s ambulance chasers and cut that sh*t off at the knees. By going before the grand jury, either the original one or a new one, and representing the case with alterations, this is now a new case that lies before Judge Chutkan. And since Judge Chutkan now has guidance from the Supreme court, as shoddy as it is, on the subject of immunity, then Smith can, and presumably will argue in court that Judge Chutkan can simply determine and rule on any defense motions for exclusion from the bench, based on the arguments, and move forward. Smith has cut out the middleman of Chutkan having to hold hearings as to how to apply the SCOTUS ruling to the old case, then endless arguments over what’s legal and what’s not.

But here’s the sugar on top. Trump ran the original DC J6 case all the way up to the Supreme court based on the ridiculous concept of Presidential immunity. And with the case back in her hands, any resolution that she came up with that proceeded to trial was subject to pre-trial appeal for SCOTUS compliance.

But this is a new case, and the Supreme Court has already ruled on what constitutes, in general, official acts. Just like in any other trial before her, or any other judge, it is now Judge Chutkan’s job to determine the admissibility of testimony and evidence, and proceed to trial. Trump’s legal beagles can no longer pre-trial appeal Chutkan’s rulings, since immunity has already been decided by the SCOTUS, and she’s interpreted it. If Trump loses, then they can appeal her rulings, but by that time His Lowness is a convicted federal criminal. And who knows what the makeup of the supreme court will look like in two years?

I said earlier that in the same filing that Smith had fired a shot across the bow of the Supreme Court. Here’s what he did. When Smith filed the original charges, his arguments and evidence leaned heavily to show Trump’s criminal conduct, with evidence supporting his criminal acts. That led to the appeal on the grounds of immunity for official acts. 

If I’m hearing and understanding the new filing today correctly, Smith has put the criminality of the acts themselves on the back burner, and launching a new assault instead, one with a curve ball for the Supreme Court. Smith’s new argument instead concentrates on Trump’s responsibilities and presidential authority.

Smith’s new argument appears to be, put the crimes aside for a moment. Instead realize that nothing Trump said or did to try to alter the vote count, slow or halt the certification of the vote, or allow congress to certify the vote could fall under the guidelines of an official act, simply because under the United States Constitution, Trump has no official role or constitutional dury in the counting or certification of the votes. Those roles are reserved for the states and the United States congress.

You gotta love the simplicity of the logic here. Imagine this same logic being used in a slightly different legal circumstance. Your honor, put aside the gun and the mask for a moment. Let’s also put aside the fact that the defendant claims that he wasn’t robbing the bank, he was simply making a withdrawal. from where I’m sitting, making a withdrawal is pretty hard to do when you don’t have an account at that bank!

I told you when he was named Special Counsel that this guy Smith was a legal piranha, with more smarts for breakfast than Trump’s legal mob of buffoons have had since birth. He’ll get his trial, probably before the first of the year or just thereafter, because Trump can’t pull another pre-trial appeal, since in her rulings Chutkan was considering existing precedent case law. And he’s already calling the Supreme court’s bluff by saying in his filing, Give me a break, will ya? How can Trump be performing an official act when he doesn’t have any official duties or authority under the Constitution. Logic that simple and direct is going to have Trump’s criminal cohort, Clarence Thomas, spraining his back trying to twist himself into a big enough pretzel to get around that one.

This case has had more twists and turns than the 24 hours of Le Mans. But thanks to dogged perseverance and legal excellence, it appears like we’re finally headed for a long straightaway to the finish line. Which gives me nothing but confidence about the upcoming appeal of the Mar-A-Slobo dcuments case, which I’ll write about next. Buckle up kiddies, and keep your hands and feet inside the car at all times.

I thank you for the privilege of your time.