Special Counsel Smith’s Desperate Plea to the Supreme Court

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by Techno Fog

It’s safe to say that Special Counsel Jack Smith’s District of Columbia case against Donald Trump, which alleges “four felony indictments of conspiring to overturn the 2020 election”, will not go to trial on March 4, 2024.

The setting of Trump’s DC trial for the spring of 2024 – conveniently scheduled one day before the Super Tuesday primaries – was undoubtedly the result of a shared interest between the Special Counsel and the presiding judge, Tanya Chutkan: to convict Donald Trump before the 2024 election. Moreover, given the 11+ million pages of documents involved in this case, the hundreds (if not thousands) of hours of video and audio, and the hundreds of witnesses, the accelerated trial date was a violation of Trump’s Sixth Amendment right to effective assistance of counsel, which includes the opportunity to prepare for trial.

The Special Counsel’s DC case against Trump comprises novel legal theories that have never been tried in American courts, most notably whether Presidential challenges to an election can be criminalized under the United States code. The attorneys for Trump have filed lengthy and well thought-out motions, reasoning that the Constitution and the doctrine of presidential immunity required dismissal of this criminal case. Judge Chutkan denied each one in her desire for a quick trial.

On December 7, 2023, Trump’s team filed their Notice of Appeal concerning Chutkan’s denials.

The effect of Trump’s notice of appeal was important – it deprived Judge Chutkan of jurisdiction over the case. As Trump’s attorneys argued in one of their latest filings:

“The filing of President Trump’s notice of appeal has deprived this Court of jurisdiction over this case in its entirety pending resolution of the appeal. Therefore, a stay of all further proceedings is mandatory and automatic.”

The stay of Trump’s criminal case should include all pretrial matters and jury selection – anything relating to matters that are subject to the appeal. While Special Counsel Smith conceded that the notice of appeal divested Judge Chutkan of “of control over those aspects of the case involved in the appeal”, he also argued that the court retained jurisdiction of other issues and deadlines unrelated to the appeal and maintained his desire to ensure the case goes to trial in March 2024:

“To help ensure that trial proceeds promptly if the Court’s order is affirmed, during the pendency of the defendant’s appeal, the Government will meet every pretrial deadline the Court has set for it. Then, as soon as the mandate returns, the Court can promptly resolve any remaining issues and start trial.”

Judge Chutkan has yet to rule on the stay of the case. The US Court of Appeals for the District of Columbia Circuit hasn’t even begun to consider Trump’s immunity and Constitutional arguments.

But, evidencing his impatience with the standard legal process, and displaying his desire to prosecute Trump before the 2024 election, Special Counsel did something he admitted was “extraordinary.” He asked the Supreme Court to rule on the following issue:

“Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.”

 

The Special Counsel’s request is noteworthy – or, in his own words, “extraordinary” for a couple reasons. First, it circumvents the normal appeals process. Typically, a Court of Appeals considers matters taken up from the trial court. It allows for briefing from both sides (in this case, Trump and the Government) and offers the parties the opportunity for oral argument. This is a months-long, if not years-long, process. (For example, the Ghislaine Maxwell appeal has been ongoing since July 2022. It is set for argument in March 2024.) The process itself is important. While the Supreme Court may consider a case before judgment of the appeal, the Supreme Court generally prefers the appeals process to conclude before considering a case. Not only does this reduce the burden on the Supreme Court, but the courts of appeals are a creation of law and the appeals process respects legislative intent.

Second, the Special Counsel’s writ reveals the real reason for bypassing the DC Court of Appeals: “It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected.” (Emphasis added.)

In effect, Smith is making an argument to the Supreme Court that the case must go to trial before the 2024 election. He concedes that Trump’s appeal “suspends the trial of the charges against him, scheduled to begin on March 4, 2024.” He argues that the “charges implicate a central tenet of our democracy.” He further states: “Vindicating the public interest in this case requires immediate resolution of the immunity question to permit the trial to occur on an appropriate timetable.”

What is that appropriate timetable? He states the appeals process “might prevent” the Supreme Court “from hearing and deciding the case this Term.”

But why is it essential that the Supreme Court hear the Trump case this Term, as opposed to another Term?

Or – what “public interest” requires “immediate resolution of the immunity question”?

Special Counsel Smith doesn’t give specifics, relying instead on generalities. We all know what he’s getting at – that Trump must be tried before the 2024 election. But he can’t bring himself to say as much to the Supreme Court, as it would reveal Special Counsel Smith’s political motives in pursuing Trump.


All that being said – will the Supreme Court take the Trump case?

There is no guarantee either way. We’re leaning that it won’t. Call it 70-30 against.

It takes the vote of four Justices to grant certiorari. What are odds that the conservative wing wants the case? Unlikely.

More importantly, the liberal Justices (Kagan, Sotomayor, and Jackson) are outnumbered 3-6. There’s an outside chance one conservative Justice joins and votes with Kagan, et al. The most likely candidate would be Chief Justice John Roberts, who trends moderate.

Yet we say that’s an outside chance because Roberts is keenly aware of the reputation of the Court and would prefer the appeals process – and the election – to play out. He would rather not make a consequential and election-altering decision, if possible. Moreover, Roberts understands that the allegations against Trump in the DC case are well-known to the public, and he may very well prefer to allow the people to make their voting decision in light of that knowledge.

In making those statements, we recall Roberts’ own words in upholding Obamacare:

“It is not our job to protect the people from the consequences of their political choices.”

 

There’s more: After publication, the Supreme Court issued an order directing Trump’s attorney to response to the Special Counsel’s petition by December 20, 2023. It will be making an expedited consideration of the Special Counsel’s request (no real surprise there). This is not an expedited ruling on the merits and this order does not otherwise grant the Special Counsel’s request.


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Remember, Trump was impeached for asking questions about a potential Presidential candidate. That was called “election interference”. So, what the f**k is this? The FBI covered up the details of Hunter’s laptop so the public would not have that information to make a decision on President in 2020 (17% that actually voted for Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden say they would not have voted for him had they known what was on the laptop). Now they want leftist propaganda dumped into the campaign to try and damage Trump.

There is no denying this is the party in power using the DoJ to try and destroy a political opponent. This is a stain on the nation that will never be removed.

Trump was impeached for inciting a violent insurrection, not for “asking questions”. The only way that sending a mob to the Capitol could have stopped the count at that point was by unlawful disruptive means. The phony electors that would have then stepped in had fraudulent credentials. That part of the scheme had been set up well in advance. There was nothing remotely spontaneous about it. It was an orchestrated plot.

Last edited 2 months ago by Greg

Then is was shown Democrats use, on a regular basis, far more inciteful language than ANYTHING Trump said (such as “peacefully go make your voices heard”). Democrats incited the riot, not Trump.

The call to Ukraine was a perfect phone call. We now know that the corruption with biden, hunter and burisma was real.
The House will vote tomorrow to begin an impeachment inquiry into the money bribery of the biden crime family.

Trump was impeached for what Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden actually did for profit.

Yeah, dumbass greg is confused like biden. He thinks you are talking about sham impeachment #2. What a dumbass. He probably has no idea of his dumbass error.

Trump was impeached for inciting a violent insurrection, not for “asking questions”.

Last edited 2 months ago by TrumpWon
Last edited 2 months ago by Greg

We’re going to find out if our Supreme Court are real Americans or globalist stooges bent on destroying this country and it’s constitution.

Not going to happen. Sucks to be smith.

Especially since he was caught blackmailing defendants in his stint at Le’Hauge. More of that to come. smith is a scumbag.

Not going to happen. 

Why do you believe so?

Democrats seem to have an affinity for extortion.

BREAKING: Trump Prosecutor, Jack Smith’s Alleged Role In Extortion Scheme While At the International Court of Justice Is Revealed

Jack Smith, top dollar mafia thug.

$16M extorted from just two Russians in just one hit.

$1B extortion attempt from Trump in one of four, years-long, worldwide headline, existential shakedowns.

Obama/Merrick Garland/Jack Smith’s Department of Just Us Political Assassins make the actual Italian/Russian/Mexico mafias look like shy impotent amateurs.

Without Globalist’s full control over ABC CBS NBC PBS FIX and 1500 local accomplices, Jack Smith and Obama’s DOJ/FBI fascist terrorists would already be in Gitmo.

Obviously, this is a fight to the finish.

Pray without ceasing for President Trump.

President Trump, ASAP

New Jack Smith Filing Reveals DOJ May Be Part of Scandal of ‘Missing’ Secret Service Texts

That corrupt and vicious judge Chutkan declined Trump’s valid request for the docs held by the J6 committee as a “..fishing expedition” but these rogues have no problem agreeing with a subpoena for his Twitter account data or getting his phone records. That is not considered to be a “fishing expedition “.

These scoundrels are beyond shameless.

Democrats only like court cases where they can control the judge, the jury and all the evidence. That’s their idea of “justice”.

Jack Smith’s Alleged Role In Extortion Scheme While At the International Court of Justice Is Revealed

BREAKING: Trump Prosecutor, Jack Smith’s Alleged Role In Extortion Scheme While At the International Court of Justice Is Revealed

The entire deposition by the whistleblower is there.
The whistleblower heard from Jack Smith that he knew how Hillary’s dirt got to the Russian Potanin.
I wonder how many of US knew that there is incriminating evidence against Hillary being held (for blackmail) by Russians?

Seems Smith is involved in corruption everywhere he has worked. Clearly, he should recuse himself from all cases until these serious allegations can be thoroughly investigated.

Not surprising this scumbag is who Obergruppenfuhrer Garland chose to persecute Trump. A job like that needs someone “dependable”.

Poor little Hunter, whiny-ass crybaby. Not showing up for his subpoena. Put him in leg irons.

Hunter showed up outside to tell them they’re too chicken shit to question him with the public watching.

Most likely with good reason, after their September self-humiliation.

Sep 28, 2023 – Comer’s Clown Show: Impeachment Hearing Disaster for GOP – House Republicans embarrassed themselves again.

Why didn’t smith and his henchmen go after Trump 3 years ago?