Tag: Jack Smith

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Smith’s Second Filing — More “ruh-roh” moments for Donny

Bryan Zepp Jamieson

October 2nd, 2024

Jack Smith’s new 167-page filing against Donald Trump contains several bombshells.

Trump, of course, was hoping his lunatic pet fascists on the Supreme Court would give him full immunity against any actions he performed as President. But even his six corrupt right wingers knew they had to figleaf their ruling to give it a pretense of Constitutional law, and they stipulated that immunity only applied to “official acts.” Still “law” on the level of the Dredd Scott decision, but it was enough.

Very little of Trump’s activities between the month or so prior to the election and January 6th fell under the aegis of ‘official acts.’ Even after the Supreme Court decided the United States needed a king instead of a president, most of his activities were flat-out illegal.

So Smith rewrote his filing to stipulate that Trump’s actions did not fall under the official duties of a president. While you can argue that various presidents in American history would have been delighted to see their vice presidents lynched, it is, in fact, not an official presidential duty. The constitution is curiously mute on the issue of when it is proper for a president to have his first-in-line murdered even though at the time of the Constitution, the vice president was whoever got the second-most votes. “Uneasy lies the head,” indeed!

Of course, the endless delays meant that Smith had more time to broaden his investigation and include new allegations in his superseding document. The delays were caused, not by Smith but by Trump, who hoped to delay it all past the election, where hopefully he would win or steal a second term and fire Jack Smith.

Smith had an allegation missing from the first filing: that Trump knew his claims he won the election but it was stolen from him were false. The new filing contains eyewitness allegations that Trump dismissed voting results as “details” that “don’t matter” and the strategy was simply to throw doubt over the results, justified or not. In Trump’s own words, “It doesn’t matter if you won or lost the election. You still have to fight like hell.”

Trump couldn’t even be bothered with a coherent theory as to how the votes were taken from them. His claims vary wildly from filing to filing, even in appeals of the same case! His estimates amounted to “whatever sounds good,” and the only thing they had in common was an utter lack of evidence to support them. That’s why he lost every single voter fraud filing he made, even though a third of the judges reviewing his filings were Trump appointees. Smith includes first-hand accounts of Trump mocking allegations that voting machines “changed the votes.” I wonder if Fox News will sue Trump if he is found guilty of willfully lying about that; after all, it was repeating those lies that cost Fox News three quarters of a billion dollars in a defamation suit.

Smith hardened the allegations that Trump planned to not only contest, but cast doubt on the election prior to the election. One Trump lawyer’s quote that made it in this time: “What Trump’s going to do is just declare victory. … That doesn’t mean he’s the winner, he’s just going to say he’s the winner … that’s our strategy.”

Trump hired Giuliani because Giuliani had stated he would support Trump’s lies. In Smith’s words, Giuliani “was willing to falsely claim victory and spread knowingly false claims of election fraud” The filing contains one tidbit that Rudy might find interesting: Trump planned to stiff him if the filing failed, and of course it was bound to.

On January 6th, Trump posted to his enraged MAGA monkeys that by failing to invalidate the electoral count, Mike Pence lacked the “courage to do what should have been done.” Learning that Pence had been taken to a safe location so the monkeys wouldn’t lynch him, Trump’s response was “so what?”

Trump’s own people knew he was a lying sack. One staffer’s quote Smith saw fit to include was, “It’s tough to own any of this when it’s all just conspiracy shit beamed down from the mothership.” Some of Trump’s lawyers have already been sanctioned, and even disbarred for filing his nonsense. More are sure to follow in light of these new revelations. Even the chair of the RNC was warned that Trump’s motions were “fucking nuts.”

More details on the hours Trump spent watching TV and grinning at the chaos he brought to the capitol on January 6th have emerged, and those are included in the filing.

Apparently Jack Smith doesn’t think that watching coverage of a Trump-caused riot is an “official duty.” It’s about on the same ‘official’ level as watching a movie about the French Revolution while munching chips.

It’s pretty safe to assume that Trump’s delay tactics have whipped around and bitten him on the ass.

And this all serves as a warning: Trump plans to pull the same shit again next month.

Smith made it that much harder for Trump to convince Americans with brains of his bullshit.

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Cert Denied — But Justice neither delayed nor denied…yet

Cert Denied

But Justice neither delayed nor denied…yet

Bryan Zepp Jamieson

December 22nd, 2023

www.zeppscommentaries.online

I shook my head in disgust when I read that the Supreme Court had denied cert on Jack Smith’s appeal to take up the issue of Trump’s immunity on an expedited basis. This is, after all, the same Court that accepted 19 other such appeals in order to expedite their right wing agenda. So now, I thought, they want to drag their feet?

But upon reflection, I realized that while the court had punted, it wasn’t likely to push Trump’s trials back significantly.

The US Court of Appeals in DC had already signaled that they would expedite their decision on this issue, and it’s very likely that they themselves will give a ruling and then request the Supreme Court take up their ruling on an expedited basis, citing the urgency of a swift resolution of the matter.

Court of Appeals is an Appellate Court, which means that rather than retry the issue at hand, they determine if proper legal procedures were followed in precursor motions, and if the law was applied fairly and impartially.

In this instance the motion is a legal hairball coughed up by the Trump side of unlimited immunity for any and all actions taken as president, combined with a claim that the courts had no constitutional authority over the president under separation of powers.

US District Judge Tanya Chutkan leveled those claims, writing in her ruling, “The court cannot conclude that our constitution cloaks former presidents with absolute immunity for any federal crimes they committed while in office. Nothing in the constitution’s text or allocation of government powers requires exempting former presidents…Defendant’s four-year service as commander in chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”

So in about three weeks, a three judge sub-panel of the Appeals Court will issue their own ruling. It’s extremely likely that they will uphold Chutkan, whereupon Trump will appeal for an en banc review, engaging all the justices on the Court.

At that point, several possibilities exist. The Court may decide to take it up en banc but not on an expedited basis. Given that they have already accepted the urgency of the matter, this is extremely unlikely.

Second, they may strike down the panel’s findings. Since Trump is asserting that the Presidency is above the law and no action taken as President can be adjudicated, this, too, is very unlikely.

Third is they uphold the panel, whereupon Trump appeals, and they take up appealing their own decision. This, too, is unlikely.

Fourth is they uphold the panel, and immediately ask the Supreme Court to take it up on an expedited basis.

At that point, the Supreme Court has three options.

One, they take the case on a non-expedited basis and drag out a decision, possibly until the end of next term in 2025. This would be a blatant move, even for them, and would be extremely unpopular. And one way or another, their opinion on the matter would be moot by then.

Second, they make a ruling. Since Trump is essentially demanding that he be freed from all Constitutional restraints and any checks and balances by legalizing any action he (or Biden) take as President, this is extremely unlikely.

Third, they deny cert, which would uphold the Court of Appeals and end Trump’s appeal process. This is—by far—the most likely scenario. They might try to drag their feet on the matter, but with both sides urging a fast resolution, they may deny cert days after the en banc decision, which would end the matter by about the third week of January, allowing the trial for election interference to proceed.

Adding pressure on the Court is the ruling in Colorado (Anderson vs. Griswald) that struck Trump from the ballot on constitutional grounds, in a 4-3 ruling. What is especially noteworthy in this landmark decision is that all seven justices took it as a given that Trump did, in fact, aid and abet an insurrection and was trying to deny the results of the 2020 election. In effect, this is a de jure finding that Trump did engage in insurrection. That is bound to get mentioned in the appeals arguments by Jack Smith’s team. (Three of the Colorado judges deemed the banning improper on the grounds that the amendment doesn’t specify the office of the president, and further, he’s not an “official of the United States” even though he held office and had to take an oath of office to get there, and is seeking immunity on the grounds that the office he held is immune. Firesign Theatre couldn’t have come up with that convoluted logic!)

One indicator that is a couple of weeks ahead of this is the Court of Appeals and the gag order Judge Chutkan imposed on Trump. The Court is expected to give an en banc decision in a week or so if it feels inclined to hurry, and it probably does. The three judge panel loosened the restrictions of the gag order, but only a bit.

The Colorado judges got hit with a flood of death threats and other abuse from Trump’s scummier followers, and it’s likely they’ll try the same stunt with the Court of Appeals, giving the judges some personal experience as to why Chutkan ruled the way she did. That won’t help Trump.

What happens there next will tell the tale. The losing side will appeal to the Supreme Court. Whereupon, look at the options above. Same apply here.

I think we’ll have a clearer view of the legal road ahead no later than January 15th. Mark it on your calendar.

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The Trump Dump — January 6th Committee gives its referrals

The Trump Dump

January 6th Committee gives its referrals

Bryan Zepp Jamieson

December 19th, 2022

www.zeppscommentaries.online

The January 6th committee held its final meeting today, and voted to make a criminal referral to the Department of Justice on Trump for four potential felony counts. Those referrals included obstruction of an official proceeding of Congress, assisting an insurrection and conspiring to defraud the United States. The committee also said Trump may have committed seditious conspiracy. Should the Department of Justice elect to act on these referrals, the resultant indictments could amount to 35 years in jail. Given Trump’s age and health, even a ten year sentence would ensure he never walked free again.

The seditious conspiracy charge is both the rarest and the most serious. It’s one step short of a charge of treason.

The committee also referred ethics charges against four congressmen, all Republicans for their involvement in the events of January 6. Those four are Kevin McCarthy, Jim Jordan, Andy Biggs and Scott Perry. McCarthy is the leading candidate to be Speaker (second in line to the Presidency) and Jordan is expected to become chair of the Judiciary Committee. If nothing else shows how incredibly low the Republican Party has sunk, that would be it.

Jordan plans to launch endless investigations, of Biden, of Biden family members, of Special Counsel Jack Smith, Attorney-General Merrick Garland, the FBI, the CIA, and pretty much anyone who isn’t part of the nutball right. It’s going to be fun watching him issue subpoenas while under investigations for an ethics breach, the nature of which includes refusing to obey a congressional subpoena.

Andy Biggs spent the rest of his day on Twitter, or what’s left of it, raving about the “open border” and all the terrible people swarming over and replacing the white race. (That last bit was implied. Evidently the Canadian border, which is far less guarded, isn’t a problem.)

Special Counsel Jack Smith hasn’t been showing any signs he’s just screwing around, but the Committee’s finding today, combined with the thousand pages of evidence coming out Wednesday, should make formal DOJ indictments against Trump, some of his co-conspirators, and members of Congress almost inevitable.

The January Sixth Committee will go down as one of the legendary committees in Congressional history, along with the 9/11 Committee, the Watergate Committees, the Army-McCarthy hearings. It will be something the public will want to remember, particularly the fairness and decorum and the investigative depth shown, when the clown show convenes next January, and we are once again treated to the spectacle of amoral slime like Jim Jordan screaming down witnesses as they try to answer ridiculously contrived questions about scandals that didn’t actually exist. Kevin McCarthy has vowed to throw all Democrats who were on the 1/6 Committee out of all committee memberships in an open act of childish and improper retaliation.

The Republicans will look like scum, not just because they are scum, but because with the 1/6 Committee, the public saw Congress doing its job, protecting the Constitution and finding the truth.

An amazing 62% of the public say they want to read the Committee’s final report, which is said to be over 1,000 pages long. Just the introduction is 100 pages, and I’ll be surprised if 10% actually read that. (I hope to be in that 10%, but I’ll be the first to admit that a thousand pages might be too much for me).

I notice today that very few Republicans were out there defending Trump. Mitch McConnell annoyed some of the more servile members of the party by observing, “’The entire nation knows who is responsible for that day. Beyond that, I don’t have any immediate observations.” McConnell is belatedly realizing what his legacy in all this is going to be.

Even Trump himself seems to have gone silent. I doubt that will last. Trump can’t ignore any sort of attack for long. And I suppose his response will only implicate him further.

A hundred years from now, some overimaginative playwright will hit on the notion of Trump as a heroic, tragic, flawed figure, one who brought about his own demise from his sterling belief that he was acting only in the interests of what was best for all. A King Lear figure, perhaps, even Prometheus.

But we know better. Trump was never anything more than a third-rater, born to far too much wealth and power, protected his entire life from consequences, and never forced to consider treating others as humans rather than objects to be manipulated. His fall comes, not from good intentions, but only the lowliest and tawdriest, the Faginesque grasping of an amoral man seeking ultimate power.

The Committee didn’t save Americans from the vice of worshiping such men, but they may have broken them of the vice of worshiping this particular specimen.

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