Post: Jack Smith is Willing to Try Trump Up to Inauguration Day

The Washington Post is reporting that Special Counsel Jack Smith may try to convict former president Donald Trump all the way through the election and up to 11:59 am on January 20th. After the oath, the Justice Department has long maintained that it will not prosecute a sitting president.

There is also a long-standing policy of the Justice Department to abstain from criminal proceedings before an election to avoid the appearance of trying to influence the outcome. Smith has signaled that he will discard that policy and that he is prepared to try Trump not only up to the election but through the election.

He is now reportedly willing to try Trump up to January 20th.

Smith has made trying Trump before the election the overriding priority in his two cases against the former president. He failed repeatedly to force a shorter schedule on appeal before the Supreme Court. His arguments were revealing. He suggested that the public should have a possible conviction before they cast their votes. It flipped the DOJ policy on its head in openly seeking to influence the election.

The Supreme Court was not persuaded, though Smith did succeed in effectively cutting the appellate process a bit shorter.  He then lost in spectacular fashion before the Court on presidential immunity.

According to the Post, he is not giving up the ghost and is now committed to a trial running up to Inauguration Day: “Current officials, speaking on the condition of anonymity, expressed … that if Trump wins the election, the clock on the two federal cases against him would keep ticking until Jan. 20, when he would be sworn in as the 47th president.”

Even with Smith’s continued push to try Trump at all costs before the Inauguration, it could be a challenge. There is a 30-day period before the Supreme Court case is effectively returned to district court.

Judge Tanya Chutkan has been highly favorable for Smith and highly motivated in seeking a trial before the election. That led to problems highlighted in the recent opinion. Chutkan was so motivated that she failed to create an adequate record on these issues. That record will now have to be established.

If Chutkan rules as she did earlier, she is expected to be hostile to Trump’s claims on his conduct falling within official functions. However, she will need to make the record and her decision could again be appealed. The Court left clear guidelines that will make it difficult for Chutkan to, again, dismiss such claims.

Moreover, the pre-trial motions were stopped with the latest appeal. They must now be addressed. Finally, she pledged to give the Trump team over 80 days for preparation after the appeal, which will be added to the 30 days, the period for the remand record, and the pre-trial motions.

There is also the need for the court and Smith to deal with the Fischer decision limiting the use of the obstruction charges — impacting two of the four counts against Trump. As I have previously written, Smith has various options but could trigger a new reversal on appeal if he follows his signature inclination to resist legal limits.

In other words, Smith’s appetite for a trial before the Inauguration may exceed his ability to force that expedited schedule.

353 thoughts on “Post: Jack Smith is Willing to Try Trump Up to Inauguration Day”

  1. KISS YOUR COUNTRY GOODBYE – THANKS, ABE!

    WHO THE —- JUST GIVES THEIR COUNTRY AWAY???

    Michelle 50% – Trump 39%
    _______________________________

    “Only Michelle Obama bests Trump as an alternative to Biden in 2024”

    “After the first presidential debate, Biden and Trump remain in dead heat.”

    “In hypothetical matchups, Michelle Obama is the only Democrat to beat Trump.”

    “When asked about hypothetical Democratic candidate matches against Trump, 50% of registered voters say they would vote for Michelle Obama, and just 39% say they would vote for Trump.”

    – IPSOS

    1. Let Big Mike get on the stump and watch those numbers slide.
      Hey, didn’t she surrender her law license?

  2. This is getting delicious, Harris is now circling for Bidens DNC campaign money. $250M to be exact, she couldn’t get 1% of her own party to support her run for President. She’s VP because she has titties and is blackish. She’s a disaster, did I mention they get to keep what they don’t spend?
    Please run her and make Hillary or Big Mike her partner!

  3. PUPPY WATCH

    there is no doubt that Peter Shill, the “floyd is everyone” misfit, is the one posting as clarence thomas. He was triggered by “Floyd” ridiculing him again yesterday.

    He is also the one who went off on Ralph, one of our most respected conservative commenters.

    Instead, Peter would ask us to believe that Floyd was cussing out Floyd.

    What a yoyo this guy Peter is. Notice that Shill, who used to only appear in the evenings, is now here all day.

    1. What is that called in troll speak?

      Maybe Peter Puppet Count can tell us

    2. Floyd Raises False Flag!!

      Floyd Estovir:

      We’ve seen, for years, how you treat fellow commenters. Your endless profanities, smearing of turds and countless references to ‘pedophiles’.

      Yet here you position yourself as an ‘old trusted friend’ with brand name credibility. What a joke!!

      Bear in mind that the blog’s moderator is a retired law enforcement officer who specializes in computer-related crimes. He knows Puppet Watch is a California-based non-profit. If all these efforts to crash the site were coming us, Mr Smith would be on it.

  4. Jack Smith is going to take a quick holiday trip into hillbilly territory and have some fun

  5. Jack Smith the good communist revolutionary.
    ____________________________________________________

    “Show me the man, and I’ll show you the crime.”

    – Lavrentiy Beria
    ___________________

    The Great Purge

    In the first couple of years of mass arrests of members of the Communist Party and Soviet government that began after the assassination of Leningrad party boss Sergei Kirov (1 December 1934), Beria was one of the few regional party leaders considered ruthless enough to purge the region under his control, without outside interference. On 9 July 1936, the First Secretary of the Central Committee of the Armenian Communist Party, Aghasi Khanjian was found dead from a bullet wound. It was officially announced that he had committed suicide, and he was retrospectively denounced as an enemy of the people, but in 1961, the then head of the KGB, Alexander Shelepin reported that he had been murdered by Beria.[17] On 27 December 1936, the head of the communist party of Abkhazia, Nestor Lakoba died suddenly. It was later reported that he was poisoned by Beria. His widow was later arrested, tortured, and made to watch their teenage son being tortured.

    In December 1936, Nikolai Yezhov, the newly appointed People’s Commissar for Internal Affairs (NKVD), the ministry which oversaw the state security and police forces, reported that more than 300 people had been arrested in Georgia in the previous few weeks.[18] In June 1937, Beria said in a speech, “Let our enemies know that anyone who attempts to raise a hand against the will of our people, against the will of the party of Lenin and Stalin, will be mercilessly crushed and destroyed.”[19]

    On 20 July, he wrote to Stalin to report that he had had 200 people shot, and was about to submit a list of another 350 who were also to be shot, and Shalva Eliava, Lavrenty Kartvelishvili, Maria Orakhelashvili, wife of Mamia Orakhelashvili and numerous others had all confessed to counter-revolutionary (though the evidence against all of them was found, after Beria’s execution, to have consisted of false confessions extracted under torture) but Orakhelashvili himself was holding out, though he repeatedly fainted under interrogation and had to be revived with camphor.[20] Reputedly, Orakhelashvili’s ear drums were perforated and his eyes gouged out.[21]

    – Wiki

  6. Jack Smith is a two-bit Captain Ahab and he deserves the same fate.

  7. FARM IS TROLLING ITSELF!

    Puppet Watch – Noon Update

    Wednesday, July 3

    Incredibly, a puppet using the name ‘Clarence Thomas’ has posted 9 epic-length legal rulings in Latin! No English, mind you. Just winding ‘roads’ of Latin text that vaguely resemble an opinion the real Justice Thomas may have written.

    This is what’s known as ‘burning the bridge’ in the culture of trolls. The farm knows the gig is up with regards to Johnathan Turley’s blog. So now they’ve moved on to that final stage where it’s basically demolition time.

    Early this morning, Floyd Estovir, posting as green anonymous, had a mysterious meltdown. Mysterious in the sense that waterever triggered it was hard to ascertain. He was apparently lashing out at someone he called ‘Ralph’. Though the only Ralph we can remember was one the farm’s own puppets.

    But here is a portion of that meltdown by Floyd as green anonymous:

    “And I am sick of reading your FRAUDULENT posts here every fvcking day, multiple times a day. So fvcking what? My consolation is that you a steaming turd, grinding yourself into a pile of fertilizer as you read all these posts from turleys trolls.

    I can see why you were scared sh!tless when you lost your anonymity previously, and why you dont even use a fake name anymore”.
    *****

    Again, it was hard to determine who Floyd was ranting at, but the Latin language posts under ‘Clarence Thomas’ are quite possibly related.

  8. I read somewhere (a Constitutional lawyer’s piece) that Jack Smith has the option of sharing with the public the evidence compelled from discovery in the DC case before the Election. The rationale would be, if the trial is not going to happen by the time we vote, at least voters would have the information Trump has been covering-up about the various options considered to block Biden’s Inauguration. Remember, Mark Meadows gave a recorded deposition in the GA case (to save his butt from GA prison), and it’s reasonable that Jack Smith has that recording.

    I think it fair that voters go to the polls as fully informed as possible (unlike 2020, when the CIA and media covered-up the truth about the laptop). If Smith were to announce public release of evidence, then Trump would have a good countermove — to preempt the impact by doing a TV interview, and telling the truth about what he was planning to do to stop Biden, and why he thought it best for the country. That, instead of the guilty-acting legal maneuvering, would be a breath of fresh air, and finally put the post-2020-election “overreach” behind him as a Dem attack issue. A show of honesty and trustworthiness on Trump’s part would cement his electability, since untrustworthiness and unwillingness to take responsibility when things go sideways are his main negatives.

    1. Too bad they didn’t have the same zeal to go after Hunter Biden’s laptop as real, you know to inform voters before an election. Smith has already admitted to tampering with evidence, call it a day. Americans are awakening to this BS.

    2. Cool, so we’ll be getting biden’s medical and his and his “family’s” financial records, too, you know, for full disclosure?

    3. pbinka, “I read somewhere” is not good enough. Sight your source! Considering information that the public should have, shouldn’t the tape of Biden’s interview with Special Prosecutor Hur be made available for the public to hear? Are you not curios about Garland’s refusal to release the recording of the interview when such a release might clear up the question about Biden’s cognitive abilities? Can you not say to yourself, why are they hiding the actual recording of Joe Biden responding to the questions? A reasonable conclusion would be that Biden’s responses to Hur’s questions might reveal the same thing that we saw at the Presidential debate and that’s the reason that they are hiding it from the public. A modicum of curiosity would be appreciated.

    4. So the guy who has spent several years polluting this blog with tyrannical arguments in support of censoring speech he does not like, is now in favor of the prosecutor putting out it’s legal case against an accused without being subjected to cross examination, rules of evidence, or other safeguards designed to protect the rights of the accused.

    5. If Jack Smith had anything that was not public it would have been leaked long ago.

      When EVER have any of these types of claims proven true ?

      Jack smith is entitled to prepare a report to go to Garland. But there are rules regarding what con go in that report – such as no grand jury material.

      While I would personally be happy if Smith dumped everything he had on the public – so we would all know how thin this all us.
      I do not expect it, nor should you. Nor should you expect anything comming from Smith in the next several months to be something everyone does not alreafy know.

  9. Couple ways to look at this Jon. The American people deserve to know if one of the two candidates is a crook who attempted to overturn an American presidential election. That’s kind of a very big deal. The last time we had a candidate, who was also a sitting president, pull a stunt like this, the GOP senate told him to resign and he had the good sense to do so. So there is all of that to consider as well. Happy 4th of July!

    1. Jeff, it would take me too long to list all the times that Democrats said that Trump was an illegitimate President. Are you so stupid to think that we won’t remember that the Democrats tried to destroy his Presidency with a story about Trump peeing on a bed in Moscow or that the Hunter laptop was Russian disinformation was used to influence an election. Have you no shame sir. Never mind, we know the answer.

    2. So Jeff, is having the unelected bureaucracy comprising the Intelligence Community issue a letter ahead of an election claiming evidence of rampant corruption by the Democratic candidate election interference or subverting the election? Is having the opposition party putting forth a completely fraudulent dossier claiming Russian collusion, conspiracy and even that our duly elected President was a spy and traitor, now focus. Was that subverting an election and a Presidency and in fact treason? Yes on all counts, NEVER go full retard Jeff.

    3. And what is it in that regard that you do not know ?

      Did ANY of these trial provide the slightest bit of inculpatory information that the public did not know ? Absolutely not, in fact all of the new information we learned was exculpatory.

    4. If you are not sure about a candidate – do not vote for them,.

      You will ALWAYS be ther ultimatge jury.

  10. Jonathan: There has been an avalanche of claims made in the wake of the Trump v. US decision. Trump attorney Will Scharf was on CNN on Monday claiming Jack Smith’s federal election subversion indictment before Judge Chutkan should be dismissed because Smith “doesn’t have a case”. Scharf claims the “fake elector” scheme, where DJT organized a slate of his own electors to replace the duly certified Biden electors, was an “official act of the presidency”. How can that possibly be the case? Even Justice Amy Coney Barrett broke with the majority writing she saw “no plausible argument for barring prosecution of that alleged conduct”.

    So let’s get this straight. A president loses the popular vote so he decides to use his DOJ to put together an alternative slate of his own fraudulent electors to replace the ones chosen by the voters, nullifying their votes–so he can stay in power. How can that possibly an “official act”? That’s a prescription for a dictatorship! But that is no doubt that is what Scharf will argue before Judge Chutkan.

    But you erroneously claim Jack Smith cannot proceed with his case because there is a “long-standing of the Justice Department to abstain from criminal proceedings before an election…”. That policy ONLY applies to cases under investigation where no criminal indicted has been filed. Smith filed his indictment of DJT on Aug. 2 of last year. There have already been a number of pre-trial hearings and rulings by Judge Chutkan. She will now get the case back and will conduct a number of evidentiary hearings and set a new trial date. The “long-standing” policy of the DOJ does not apply to her case.

    The thing about authoritarian dictatorships is they are often first ELECTED. Then they use their handpicked courts, the military and their prosecutors to go after their political enemies. DJT has promised, if re-elected, to do that in spades. He says he will be “dictator for one day” but we know what that means. He wants “revenge” and says he will put Liz Cheney before a military tribunal because she committed “treason”. He wants his handpicked DOJ to go after a whole list of his political “enemies” he wants prosecuted–including Joe Biden. DJT’s handpicked SC has just given him that power because in their warped view all of that constitutes “official acts”.

    The Founders would have recoiled from such a proposition. They rejected the idea of a “King” who was above the law. That’s why DJT should never see the inside of the Oval Office ever again!

    1. Dennis,

      HOW many times do you have to be told of the harris/Tilden election of 1876.

      There is no “fake elector” scheme or Forged elector scheme. No one forged the Secretary of States certification of the election.
      They merely provided an alternate set of electors should congress determine that the State Executive improperly certified the election.

      When a presidential candidate makes a claim of election fraud and that claim is given short shrift by the courts, they are free to preepare and altrernate slate of electors from those certified by the state executive – or the State legislature can certtify a different slate of electors.

      Then congress must choose which slate of electors to count.

      This has been blessed by the federal courts over a century ago.

      It is not illegal. It CAN NOT BE MADE ILLEGAL.

      It is a hail mary that is unlikely to succeed – though Harris DID succeed.

      Trump’s actions ionvolving altgernate slates of electors are legal and therefore charges related to those should be dismissed.

      But they are not “official acts”

      Regardless, charges related toi alternate electors must bne dismissed.

      Yes Judge Chutkan must dismiss because there is no case – but that was tru from the start.
      The immunjity decision did not change that.

      HOWEVER all charges related to Trumjp’s efforts as president to seek redress for Election fraud ARE protected by immunity.

      Election oversight is an executive function. Trump’s communications about Election fraud are covered by Robertson’s Immunity ruling.

      While Robertson go it wrong – Robertson gave the president absolute immunity for many acts and immunity subject to judicial review for others.
      The CORRECT ruling was there is NO Absolute immunity, but impeachment and conviction by the senate are required before a prosecution for ANYTHING a president does while president.

      Regardless for the moment we are stuck with Robertson’s ruling – Which even without Barrett is a MAJORITY ruling.

      What was NOT going to happen was the nonsense that Chutkan and the DC circuit concocted.


      So let’s get this straight. A president loses the popular vote so he decides to use his DOJ to put together an alternative slate of his own fraudulent electors to replace the ones chosen by the voters, nullifying their votes–so he can stay in power. ”
      While that is NOT what happened – had it been then yes it would have been covered by Robertson’s immunity decision.

      Trump did NOT use DOJ for anything – in fact Barr was incredibly uncooperative regarding election challenges. He directed the DOJ to turn all election claims over to the various state AG’s offices and then claimed there was no fraud – depite the fact that US Attorney’s turned over substantive claims of fraud to State AG’s where they died.

      The Alternate electiors was NOT through DOJ – it was working with STate RNC and STate legislatures.
      It was an act as a candidate NOT as present and as such does not have presidential immunity.
      It was however an act that has been legal and constitutional for almost 200 years.

      You can not prosecute non-crimes.

    2. DM you have a giant bug up your anus regarding the alternate electors.

      Why ? In exactly what way could that conceivably be a crime ?

      There was ONE and only ONE way in which the alternate electors could have altered the outcome of the election,
      And that is if Congress decided to accept the alternates from some states rather than those certified by the State Executive.
      That is not only perfectly legal and constitutional, but it has occured before

      No one pretended that the alternate slates of electors were certified by the State Executive – It was perfectly open and bloody obvious to everyone they were not.

      All the fake electors nonsense by the left is an effort to criminalize a clearly constitutional act and to pretent that congress does not have the power it clearly does.

      Congress is the final check on an election. The act of congress certifying an election is NOT proforma – they have refused to do so in the past,
      Further in every election in my lifetime won by a republican, Democrats have challenged the certification of the election.

      CLEARLY it is legal to challenge Congresses certification of an election.
      Clearly it is legal and constitutional for congress to choose NOT to certify an election.

      Clearly it is legal to challenge the state certified slates of electors from any state – again democrats do it all the time.

      If it is legal and constitutional to challenge those electors, it is within congresses power to reject them – again though rare that HAS happened.
      If they can reject a state executives slate of electors,. they also have the power to accept different electors.
      Which AGAIN congress has done in the past.

      It is quite rare to successfully challenge a states executive certified electors and substitute others.
      But it is both legal and constitutional.

      If it is legal and constitutional to accomplish something.
      It is legal and constitutional to TRY to accomplish it.

      There is no “this is a crime because I do not like it”

      While unusually the United states combines both the cerimonial and the leaders roles into the president,
      The constitution has NO Ceremonial provisions. Whatever Congress is directed to do by the constitution is not ceremonial
      It is a meaningful act. Congress can certify each states slate of electors and the election,
      It can also refuse to certify one state or the whole election.
      And it can choose a different slate for any state it wishes. .

    3. We keep getting this Trump as dictator, Trump[ as King, Trump as authoritarian, Trump as anti-democracy nonsense from those of you on the left

      If things continue as they are – which is incredibly likely Donald Trump will be elected by over 300 EC votes and have 6million more popular votes than Biden.

      Even by the lefts idiotic claim that erlections should be decided by the popular vote – Biden is likely to lose.

      NOTHING could be MORE democratic than for Trump to beat Biden.

      Trump has made a number of new 2024 promises – and given Trump’s record of keeping 2016 promises it is reasonable to assume that Trump will do or atleast try to do what he has promissed.

      So what are those promises ?

      He has promised to rescind all or nearly all of Joe Biden’s executive orders and re-instate his own.
      That is precisely what Biden did on Jan 21, 2021 – that is constitutional, and as Obama said “Elections have consequences”
      He has promised to restore the incentives for government agencies to elimate old regulations before implimenting new ones.
      He has promissed to restore border security,
      and to aggressively deport illegal aliens – but he has already said that it is impossible to get rid of the 8-15m illegals who entered during the Biden administration.
      The firest priority will be stemming the tidal wave. The next will be deporting criminals.

      What is authoritarian about that ?

      Trump has said that he has too much to do in the next 4 years to waste time seeking justice against those on the left who waged lawfare against him.
      But that he would be perfectly justified in doing so. I expect that many republicans are not going to be so willing to bury the hatchet as Trump.

      Regardless, while I expect and we need to hold those who engaged in this political lawfare accountable,
      That task is NOT going to be driven by Trump.

      I expect that very earliy Trump will END the conflict in Ukraine.
      That is actually quite easy to do – especially for the US
      But it is impossible for Biden to do as it means admitting that he made numerous policy mistakes involving Ukraine and that those mistakes have likely cost over a million lives.

      Restoring peace in the mideast is equally simple but it will take longer. It requires little more than financially hamstrining Iran’s funding of terorists in the mideast.

      Trump was promised to commute or pardon most J6 nonsense. Biden has struck a long overdue deal with Assange so that pardon will not occur.
      I expect a deal with Snowden and Trump has promissed to commute Ross Ulbricht’s sentence.

      There are other things in Trump’s platform. None of them are authoritarian.

      As always those of you on the left accuse your enemies of what you are doing yourselves.

      I would prefer a president other than Trump – though not ANY president other than Trump.
      There is not a single leading democrat or republican that I would pick over Trump.

      Trump is not the best choice – but he is the best choice Democrats and republicans have offered.

      Most of his policies have the support of 70-90% of the people.

      While Trump was not the great president he claims to have been – he STILL was the best president in the 21st century.
      And people expect much more of the same in 2025.

      On Jan 21, 2029 Trump will cease to be president. That is how it works in the US.
      Nothing short of a constitutional amedment can change that.

      One of the reasons that Trump’s VP choice is so important is that while 2028 is a long way off, a successful Trump presidency which is highly likely
      Will likely lead to to the election of Trump’s VP – possibly for 8 more years.

      Trump can not be King. But he COUL:D easily set republicans up for control of the federal government for 12 years.

      1. That’s the worry my friend. Trump won’t leave after four years. Has hinted at such. Otherwise I could care less.

  11. How do you repeatedly write columns about Jack Smith and NEVER mention Obama/Holder sending Jack Smith from their DoJ’s Ethics Division to indict and prosecute the Republican they most feared in their 2012 reelection bid as the probable Republican nominee? Jack Smith who at the same time suggested to Louis Lerner at the IRS that she could shut down GOP get-out-the-vote groups for “investigation” during the campaign.

    How can Turley (and others) not mention that when Smith’s convictions of McConnell (and his wife who didn’t hold any office) reached SCOTUS, they threw the convictions out in a rare unanimous decision. That they found that he twisted the law, re-interpreted the law, added sections to the law that didn’t exist – pretty much exactly as he has been doing again since Biden brought him back to do to Trump this time what he did back then.

    Why do you not mention those findings – especially after the SCOTUS decision called Jack Smith out specifically and referred to him as “a threat to our separation of powers”.

    There’s your “threat to democracy”: Jack Smith and the Soviet Democrat presidents who use him as their version of Stalin’s Lavarentiy “show me the man and I’ll find you his crimes” Beria.

    But nobody wants to get into the specifics of how SCOTUS adjudicated him to be a police state fascist in a prosecutor’s suit and tie.

  12. Missouri has now sued New York in the Supreme Court’s original-jurisdiction docket.

    https://www.foxnews.com/politics/missouri-ag-sues-new-york-over-reprehensible-lawfare-against-trump-poisonous-american-democracy

    As I understand it, Scotus has original jurisdiction of some cases where one state sues another state, but they have treated the docket as discretionary . . . meaning they can just decide not to exercise jurisdiction if they don’t want to. This is kind of an interesting development, but based on what happened when Texas sued Pennsylvania four years ago (see link below), I’m giving it a 60% chance Scotus will not exercise jurisdiction in this particular case. If that happens, look for a dissent by Alito and Thomas.

    https://en.wikipedia.org/wiki/Texas_v._Pennsylvania

  13. It seems that the Dems have never read the book ‘ The Emperor’s New Clothes’ by Hans Christian Andersen. They were and are willing to believe whatever they wish because power and domination is the game. Believe what you may Dems but the reality is you put party over country and hate over our country’s future. If you think Trump is arrogant who can be more arrogant that a man who is in dementia leading this country. And, with the blessings of his family, his advisers and the media. If you didn’t see the declining Biden, it was because you didn’t want to see it!

    Joe Biden is in dementia and has been for 4 years. He has been protected by media and those close to him. What everyone saw at the debate was what the kid yelled in the fairytale — the emperor is naked! Dementia is a downward degenerative disease and we should have empathy — something his family chooses not to have.

    Now the Dems are scrambling to find a replacement for Biden — Harris, Michele Obama, Newsome? Here is the real disappointment — that the Dems never had trust in the voters. They need shaky laws to prosecute by second-rate angry government officials to kill competition. Who is really afraid of democracy? Seems the answer lies with that fairytale by Anderson!

  14. Should Smith continue to prosecute up until January 19th at 11:59 he will prove that these prosecutions are attempts to interfere in the election.

  15. JUSTICE THOMAS:

    “If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning theSpecialC before proceeding.”

    Can they ignore this ruling?

    1. It’s not a ruling, it’s an expression of opinion by one Justice. You need five Justices to constitute a ruling. Anything less than a majority is not binding, but it can be persuasive and have an effect if the lower court judge agrees with the logic.

  16. Such nonsensical proclamations by “Rat Face” Smith only further confirm that this is not about justice, but rather political vendettas. Hopefully Smith will soon be acknowledged to be an illegal appointment and will be dismissed. After the Supreme Court rulings, one would think they would have just thrown in the towel lest Garland and Smith’s ignoring of long held precedent leading to blatant election interference, posing a grave threat to our Republic and “Democracy” by pursuing a President Elect instead of risking prosecution by a Trump DOJ to face long prison sentences. Garland and Rat Face need to read the writing on the wall and stand down. A small minority of Marxist Democrats will be the only ones applauding such election interference and threat to Democracy, the rest of America will be appalled, vociferously opposed and reach for the pitchforks!

    1. I was born a poor black child …,then I went Harvard and married a crack smoking homo.

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