It appears that U.S. District Judge Tanya Chutkan and Special Counsel Jack Smith are not done yet in releasing material in advance of the election. In a previous column, I criticized the release of Smith’s 180-page brief before the election as procedurally irregular and politically biased, a criticism shared by CNN’s senior legal analyst and other law professors. Nevertheless, on Thursday, Judge Chutkan agreed to a request from Smith to unseal exhibits and evidence in advance of the election.
The brief clearly contains damning allegations, including witness accounts, for Trump. The objection to the release of the brief was not a defense of any actions taken on January 6th by the former president or others, but rather an objection to what even the court admitted was an “irregular” process.
As discussed earlier, Smith has been unrelenting in his demands for a trial before the election. He has even demanded that Donald Trump be barred from standard appellate options in order to expedite his trial.
Smith never fully explained the necessity of holding a trial before the election beyond suggesting that voters should see the trial and the results — assaulting the very premise of the Justice Department’s rule against such actions just before elections.
To avoid allegations of political manipulation of cases, the Justice Department has long followed a policy against making potentially influential filings within 60 or 90 days of an election. One section of the Justice Department manual states “Federal prosecutors… may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election.”
Even if one argues that this provision is not directly controlling or purely discretionary, the spirit of the policy is to avoid precisely the appearance in this case: the effort to manipulate or influence an election through court filings.
With no trial date for 2025, there is no reason why Smith or Chutkan would adopt such an irregular process. The court could have slightly delayed these filings until after the approaching election or it could have sealed the filings.
If there is one time where a court should err on the side of avoiding an “irregular” process, it is before a national election. What may look like simply an adversarial process to some looks like oppo research to others. Delaying the release would have avoided any appearance of such bias.
For Smith, the election has long been the focus of his filings and demands for an expedited process. Smith knows that this election is developing into the largest jury verdict in history. Many citizens, even those who do not like Trump, want to see an end to the weaponization of the legal system, including Smith’s D.C. prosecution. Trump has to lose the election for Smith to be guaranteed a trial in the case.
Chutkan has given the Trump team just seven days to oppose her order. That would still allow the material to make it into the public (and be immediately employed by the media and Harris campaign) just days before the election. The move will only increase criticism that this looks like a docket in the pocket of the DNC.
It is telling that, once again, the timing just works out to the way that is most politically impactful. Many are left with a Ned Flanders moment of “well, if that don’t put the “dink” in co-inky-dink.”
Facebook deleted my post when I posted a link to this article. They declared it was spam.
Who is paying Smmith and his team? Where’s the funding coming from considering the SCOTUS kneecapped him and Cannon found his status as SC to have no basis in law.
So where’s the $ coming from?
Hunter’s IGG?
Is Jack Smith violating any 6(e) rules re: grand jury confidentiality?
Flagrant election interference and highly illegal.
Time to lock up most DC “judges”
For sure. When the judiciary is so blatantly biased, it should be a red flag that freedom is at stake.
Facebook is banning this post about Jack Smith’s efforts to undermine President Trump’s reelection campaign. Strange since it’s written by a Democrat, Jonathan Turley, a law professor who follows the rule of law. You should be outraged about this. However, they don’t seem to be banning the actual text, but only the Share to Facebook directly from Jonathan’s website. This is censorship. And without explanation as to why Facebook is banning it.
(OT)
KH’s new campaign strategy (with some hectoring from Obama)
From KH to blacks: The “brothers” are black. I’m black. They have a duty to vote for me.
From Walz to white men: I have testosterone, just like you. (See, I hunt pheasants and go tailgating.) Vote for my party.
It’s an appeal to melanin and hormones. And it’s an utterly mindless campaign.
Accent switch Kamala Barbie:
https://x.com/CitizenFreePres/status/1844942523162096047
Apparently, some “Americans” are seriously considering putting an incompetent and mystical fruitcake in the presidency.
Do you need anymore proof?
REPEAL THE 19TH AMENDMENT, YESTERDAY!
Tucker Carlson interview with Harmeet Dhillon about Kamala’s history. Harmeet is also a San Francisco lawyer with Indian heritage, and boy does she know the details about Kamala’s sleazy and calculating rise in politics (she notes, among other things, that Kamala has lived her entire life on the taxpayer dime, never having held even a single job in the private sector – just like her boss creepy Joe). Far from being oppressed, Kamala is from the Brahmin caste, and has been coddled by powerful politicians in exchange for her feminine wiles.
https://m.youtube.com/watch?v=Omgw-g1gVnM
It’s not true that Kamal Harris has not held a job in the private sector. For several years, Harris worked as a professional “escort” to Montel Brian Anthony Williams and Willie Lewis Brown Jr. “Consulting” for the former, she could have pursued a career in show business and might have ended up as a host on The View. But she chose the latter, who offered her a career in politics. Politics seemed a more natural fit for her, because there’s much less work involved than in show business, and she liked having power over her government drones.
How sad that you believe the fascist lies!
How sad that you haven’t the guts to post under your own name.
I strongly support the 19th amendment and oppose its repeal.
I strongly support the genuine America and its perpetuation and oppose its destruction.
Mr. Turley, you are being disingenuous.
* The release of the allegations does have the appearance of a jury trial by election.
What’s it going to take for the legal community to call out Jack Smith for what he is: a lawfare hitman, whose stock in trade is to weaponizing law to alter balloting outcomes, pre- and post- election alike. Even when these tactics are overruled by juries and appellate courts including the SCOTUS, the damage is often fatal to defendants on the wrong side of the Deep State Establishment.
So true. Win by any means possible is their mantra.
Wow
Wonder Cackler is now polling 6points lower than Biden was 2020. It’s just going to keep getting worse for her as she opens her mouth and the reports of her “accomplishments” are revealed. She’s a moron, a fraud just like Oblamo. I am going to pray for her as I often do for other lost souls. My prayers will include her finding new employment at an old job, like a McDonald’s fry cook.