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.”
Trump argued to the Supreme Court that his criminality was a political issue, not an issue for the courts. Thus it is completely appropriate, and needed, for this information to be released before the election. Trump could have had a trial, with strict rules of evidence, but he chose not to. This is on him.
Agreed.
Who cares?
Apparently Turley and the MAGAs care.
I guess we can count Sammy Metamucil among the 16. He thinks it’s going to matter. Poor Sammy.
I don’t care. It is simpleELECTION INTERFERENCE.
Just as before CBS, the laptop is Russian disinformation, vieled in semantics just like the 50 Intelligence Agencies douchebags.
Since Smith was never confirmed by Congress, he never was a prosecutor in this case. Thus, no immunity applies. Trump’s DOJ should make a show trial of his in due time.
Smith didn’t need to be confirmed by Congress.
It seems the DNC is even more desperate than we thought.
Will their ignoring even their own rules actually influence the election? Change any minds?
I have no doubt whatever information is unsealed, our leftist friends will come here and no matter what the topic the good professor has written about, they will bring it up.
Upstate,
With or without the release, the Leftists here will still attempt to be the centerpiece of a circle-jerk.
I’m going to completely ignore all of them. I know, no great loss for the blog. But it makes more sense than anything else and it just feels right. Conservatives on this blog can and should contribute without any direct connection to these Leftists.
OLLY,
Good policy. Just scroll past. They dont really say anything worth reading. And their TDS is so boring.
@Upstate
No doubt, and what the modern left seems to be failing to realize is what we are rejecting is *the modern left*.
Oddly, the famous liberal trope is now reversed, being instead: ‘Do NOT vote blue, no matter who!’, because they are all just mouthpieces for ‘the party’, and ‘the party’ is rotten from top to bottom. Their lies and chicanery have really outstayed their welcome, and the levels of their disdain for people’s intelligence is off the charts. Sooner or later, even the dumbest person alive will realize they are being cheated. 🤷🏽♂️
James,
Seems they dont seem to understand how we can reject them. Reminds me of Clinton and all her admonishing that we would not vote for her. And not just once but twice.
@Upstate
Yep.
Have any of you had the opportunity to watch James O’keefe’s Line In The Sand documentary? It may only be available on Tucker Carlson’s TCN network, but it is pretty revealing. The scope of illegal immigration industry is breathtaking. As always, it’s all about money and power.
https://lineinthesandmovie.com/
I haven’t seen it yet. One needs a subscription to TCN. I have seen almost all of his videos and they are excellent. O’Keefe is fantastic.
Has Chutkan been promised the next Supreme Court robe if the puppeteers continue in residence at the White House? Is Smith just so hateful that he needs nothing more promised than being attack dog on yet more vengeful, but baseless, litigation? WHERE ARE THE ETHICS COMPLAINTS?
Over and over again, we have heard the MSM assign Trump’s ego as the catalyst for everything, good and bad.
Ironically, it is patently clear that the motivation for Smith and Chutkan is their jockeying for position[s] to go down in history as the one[s] who brought Trump down, -not to have honorably and impartially served justice in this matter.
Lin,
They have clearly given up on honor and impartially to their fevered “Get Trump!” TDS.
LIn, or it could just be that they are doing their jobs. Trump is bothered by the fact that there is a process that needs to play out, and the law requires this process to be done when there is evidence and charges. The accused, Trump, must also go through the process to defend himself. Just because Trump was once president does not make him immune from the process. He’s not that special. I’m sure you would expect the same from Biden.
There must be an immediate judicial oversight when egregious abuses like this smear the democratic process. Tarred and feathered and garroted for starters.
“. . . the effort to manipulate or influence an election through court filings.” (JT)
An instructor at the University of Kansas has a quicker (and more permanent) solution.
What to do with those men who won’t vote for KH? —
“We could line all those guys up and shoot them.”
Trump gonna win and there ain’t nothing they can do about it, haha 🤣
RCP now at 306 Trump.
Wipeout.
Down ballot disaster for the Dems.
The instructor’s name is Phillip Lowcock.
“. . . allow the material to make it into the public (and be immediately employed by the media and Harris campaign) just days before the election.” (JT)
If after all this — from GA to NY to CO to DC — you still believe that the Left is not weaponizing the law, that it is not using lawfare, that it is not engaged in election interference, that it is not driven by a desire to “get Trump,” that it is not motivated by a lust for power — then quite frankly you are not a sentient being.
Well , their first release was a swing and a miss and so I would guess they will continue to dump bits and pieces right up to the election. Seems there should be a means of appealing this filing right up to the appeals court or SCOTUS. Since there is no trial date there should be no rush except to affect the election. Maybe the DOJ and Smith should be forced to follow their own precedent and rules.
Seems in the past there was often an attempt to avoid “trying the case in the media” so as to not poison the jury pool or force a political or popular conviction no matter the facts of the case. Seems that no longer applies if you are DJT. This sort of thing can be flipped by the other side in the future. This may set the precedent to do just that.
The MSM headlines are already being written: “This is a game changer”; “The beginning of the end”; ” Nothing like this before”; “Even Republicans [see Bill Kristol] are shocked”.
Good thing they reach only a tiny, left wing audience of devoted groupies.
And, of course: “bombshell.”
Maybe the Democrats are inadvertently telegraphing the real poll results they see? In any event it seems there is no law or order in America today.
If you haven’t read George Orwell’s 1984 you should, we are there!
It does appear that the Court “fix” is in. Or is this a baited trap from this Judge and this prosecutor to have DJT violate the Court imposed Gag order and jail him ahead of the election??????????
What do you do when your adversaries, screaming about your alleged election interference, do nothing but interfere with the election. Trump must put people in charge of DOJ, the FBI, CIA, IRS, who will smash those agencies to get out the partisans. Anyone who engaged an election interference, has to be prosecuted. The right has to stop turning the other cheek. Because whether they do or not, a left will never stop. I used to be a lefty. They have gone to the dark side.
Tissue? Can you get Kleenex in your town?
You ranted and raved about election interference in 2016
Yet we have massive interference by the courts
By Iran and other hostile foreign powers
And you think this is just whining ?
Most of the world knows all the trump cases will die the moment the hit a court that follows the law
It is highly likely that cannons removal of smith will be upheld by scotus
Which will also remove him in dc
The j6 review committee has found massive evidence forgery
Destruction
Misrepresentation
At this point there is more than enough under oath testimony to dismiss all the dc charges
Willis is trying to avoid getting disbarred and possibly prosecuted
While more and more counts are dismissed
The nys appellate courts laughed at enmorons decision
Most of those arguments apply to merchans case but that will be dismissed shortly because he ignored trumps lawyers objections that scout us later upheld
And that is merely one major flaw
And you left wing dingbats think trump calling payment to a lawyer legal expenses is both fraud and election interference by Time Machine
While not caring that the house impeachment manager actually forge evidence they presented to the senate
No one takes you seriously
Because you are blatantly unserious
You rant about trump going after his enemies
While actually going after yours for nonsense
“ No one takes you seriously
Because you are blatantly unserious”
The same can be said about you. Nothing you posted is supported by facts or the law. Wishful thinking is not an argument.
What is it that you think I have said that is not supported by facts or law ?
I will be happy to support any statement of fact or law I have made if you will identify specifically which you think are in error
Unlike left wing nuts and anonymous posters I have established my credibility
God willing … DAY 1!
This case and so called Judges? like Chutkan, along with the NY ? Judges of the lower courts, are simply Liberal Activist Judges doing the DEM’s bidding, to go after their political opponents, such a Trump. Chutkan hates Trump. Perhaps if Trump gets in a review of the DC courts is in order and add real Judges vs Activists.
In for a penny, in for a pound.
FACEBOOK REMOVED THIS LINK FROM OUR SITE WHWEN WE POSTED IT. https://jonathanturley.org/2024/10/11/adversarial-process-or-oppo-research-judge-chutkan-agrees-to-release-more-smith-material-before-the-election/
Who would it persuade at this point?
Agreed. In fact, Granny62, my immediate reaction was “this could end up helping Trump, and hurting the woke movement”. It’s already showing signs of losing steam as more people are seeing through it.
Imagine that. Are these actions by Smith and Chutkan coincidental? No, I’m not buying that oceanfront property in Kansas.
In a more perfect world, the House would impeach this judicial imposter and the Senate would convict. In a perfect world.
Instead , the body politic will be inundated with stories about the judge’s (and the attorney’s) personal courage and high moral standards in defying DOJ rules and the judicial ethics, ad nauseum.
Alas for the Republic.