Special Counsel Jack Smith’s latest filing punches back, hard on Trump’s latest attempt to throw sand in the gears of his DC trial.
To no one’s surprise, Trump freaked over Special Counsel Jack Smith utilizing a provision in the law that allowed him to skip right past the DC Court of Appeals and ask SCOTUS to take up the case. Specifically, in DC Circuit Court judge Chutkan denied Trump’s motion claiming Presidential Immunity we all knew he’d appeal the ruling. Given the way the DC Court of Appeals dicked around and dithered on Trump’s appeal of the gag order he assumed they’d do the same with the weightier and more complicated issue of his immunity claim. It doesn’t matter most legal experts believe he’s unlikely to prevail. The point was as always standard Trump crap when in legal trouble. Delay. And delay some more then rinse and repeat.
Trump had good reason to believe it would be several months before the DC Court of Appeals would finally issue a ruling. And if as experts (and his own lawyers probably told him) have predicted he’d lose we’d already be into late February or early March. And he’d of course wait until the last day possible to appeal THAT ruling to SCOTUS and start the whole delay crap again. Basically, bye bye DC trial and probably until after the election. Except Jack Smith was prepared for this and went straight to SCOTUS which he has every legal right to do. That was a bad night to be a wall anywhere in Mar A Lago. Trump is probably past throwing ketchup bottles and now straight out projectile vomits the stuff like the Linda Blair character in The Exorcist. (I’ll spare you a clip of it, but if there are any folks with the skills Trump projectile vomiting ketchup would make a meme that would drive him nuts when it went viral. It WOULD make every newscast!)
Well, Trump has been beside himself. Throwing things, cussing out his lawyers, DEMANDING they by god DO SOMETHING! So they have and it’s just what you’d expect. They’ve asked SCOTUS to, if not outright refuse to take up Smith’s motion for an expedited ruling on the immunity claim (since they’ll wind up hearing it at some point anyway) then delay the matter. Until after the DC Court of Appeals hears and rules on the case. Since the appeals court isn’t going to be hearing any arguments until Jan. 9, that will at buy Trump at least the month of January. Maybe longer. Worst case scenario win or lose Trump won’t see SCOTUS hear the matter until sometime in Feb. and that will buy him all of Feb. and into March. Again, that will push everything back, and maybe as I said to a point where a trial prior to the election becomes “impractical.”
Mediate has details of Smith’s response you can read here. If you’re pressed for time I’ll give you the highlights now. Regarding Trump’s filing claiming it’s necessary to let the appellate process play out Smith responds bluntly: “That suggestion is misguided. The public interest in a prompt resolution of this case favors an immediate, definitive decision by this Court.” He goes on to talk about this not only being the first time a former President has been charged with crimes committed while in office, but that the crimes were to keep himself in power. And, that passage ends with The Nation has a compelling interest in a decision on respondent’s claim of immunity from these charges—and if they are to be tried, a resolution by conviction or acquittal, without undue delay.”
To me it’s a way of saying in legalese (albeit understandable enough to us lay folk) “Look – one way or another you’re going to have to rule on this. You might as well get it over with so a lot of people don’t waste time and effort. If Trump can be tried we need to get on with it and without delay. If not there’s no point in a lot of people spending countless hours working on it.”
In another part of his response to Trump Smith points out a big flaw in Team Trump’s legal reasoning. As in when it comes to legal standing it isn’t the government appealing, but rather HE who is appealing the District Court’s order. Smith concludes his filing with:
Finally, respondent’s claims about the reasons why the government is seeking review are unfounded and incorrect. See Br. in Opp. 21-24. Respondent stands accused of serious crimes because the grand jury followed the facts and applied the law. The government seeks this Court’s resolution of the immunity claim so that those charges may be promptly resolved, whatever the result.
Smith is punching back at Trump, and at the same time ratcheting up the pressure on SCOTUS to “sh*t or get off the pot.” Yes, there’s the possibility that SCOTUS can toss the case which would affect (probably) the Georgia RICO case as well. I’ll admit to an initial reaction of fear that Smith might have taken away any chance for the public to hear so many things they should hear before election time. However, as I thought about it and got to hear some people who unlike me are lawyers including some with SCOTUS/Constitutional experience I came to believe Smith has a really, really strong hand he’s playing. I don’t believe he’d have gone straight to SCOTUS requesting an expedited ruling unless he knew he’d almost certainly prevail.
His main concern was maintaining the trial schedule. It’s possible that under the best of circumstances the planned trial date in DC might get pushed a few weeks. That still in theory allows for completion (and verdict) before the planned May trial in FL. However EVERYONE knows judge “Loose” Cannon has NO intention of starting that trial in May. Or anytime before the election. Hell, she’ll try to push it not into 2025 but 2025!
For the moment, Jack Smith and his team and I guess SCOTUS and their clerks are going to be spending a lot of the rest of their holiday season hard at work. They’ll have to get over it. I have to admit I feel bad for them. Team Trump? If their Christmas (and New Year’s) is ruined I have zero f**ks to give.
scotus’ decision is cut and dry:
lock him up or
pronounce him king
trump needs to fly his ass anywhere but the US.
It is interesting to also read Trump’s filing. Most of it is gibberish, and repeats a lot of his former filings about unfair prosecution. But there are a few pages that frame his position on Chutkan’s ruling against his absolute immunity.
BUT – that’s not what this is all about; it IS about whether the centiorari should be granted, NOT whether the district court (Chutkan) was correct in her ruling on absolute immunity; that is an entirely different argument and one that is what the following discussion before the SC is about only after they agree to hear the case now.
The only germane part to argue now is whether the SC should hear the case at all, not what the case (what’s in the indictment) may or may not be or even whether Chutkan’s ruling on immunity was right or not. Not yet, boyos. Smith kept his brief about ONLY the centiorari.
The indictment’s charges are what entire trial is to be about. There are also a few pages on how it’s all election interference and how Big Bad Bossman Biden is leading the charge of a stupid Special Prosecutor and a handpicked grand jury. More waste of space. I think they do this to impress tRump and charge him by the page!
I think tRump’s lawyers don’t understand that the indictment was prepared only after the grand jury heard the facts. I’m pretty sure that’s how it works: investigation, facts gathered, grand jury hears facts, indictment written and presented to court. Please let me know if I got that wrong.
Apparently SCOTUS isn’t abiding by precedent (how shocking g!) but has,sent it back to appeals court. Guess Trump’s triumvirate is loyal.