Special Counsel Jack Smith really, really, really wanted the Supreme Court to intervene and keep his case against Trump moving at lightning speed. But the court was like… naaaaaaw, we’re gonna pass, homeboy! Talk about a slap down!
According to the DOJ’s website, Smith addressed the public on August 1st, stating that “Today, an indictment was unsealed charging Donald J. Trump with conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding.”
Now, VOX is reporting on the major victory for former President Donald Trump, savior of the western world (Jesus is still Savior of everything, of course):
In a surprising move, the Supreme Court announced on Friday that it will not hear Donald Trump’s claim that he is immune from prosecution for trying to steal the 2020 election.
It’s a tremendous victory for Trump, as his criminal trial for his attempt to remain in office after losing that election is currently on pause until this immunity question works its way through the appellate process.
The Supreme Court just rejected Jack Smith’s attempt to rig an election and bypass normal procedure and the appellate court regarding my father’s challenge to the fake insurrection January 6 indictments!!!!#Trump2024
— Donald Trump Jr. (@DonaldJTrumpJr) December 22, 2023
Trump’s strategy since special counsel Jack Smith brought a pair of federal indictments against him earlier this year has been to try to delay his trials as much as possible. If Trump is elected president this November, he will gain command and control over the Justice Department, and can order it to drop the criminal charges against him.
Six of the nine justices are Republicans, and three were appointed by Trump himself. The Court did not explain its decision to avoid this issue. The entirety of the Court’s Friday order in the case, appropriately named United States v. Trump, states that “The petition for a writ of certiorari before judgment is denied.”
Smith asked the Supreme Court to bypass a federal appeals court and decide whether Trump is immune from prosecution as quickly as possible — so as to lift the pause on Trump’s criminal trial. By rejecting this request, the GOP-controlled Supreme Court helps Trump run out the clock.
Even the normally left-leaning Politico had an article which questioned the motives of Smith:
Special counsel Jack Smith wants the Supreme Court to move at blazing speed to keep Donald Trump’s Washington, D.C. criminal trial on track. He just won’t — and perhaps can’t — say precisely why.
None of the prosecutor’s calls for expedience have squarely explained why he wants the case to advance with urgency rarely seen in criminal proceedings. Yet there’s not much mystery behind the subtext of Smith’s plea to the justices: If Trump can use the plodding pace of the courts to force delays in his criminal trials — and then retakes the White House in 2024 — he may never see the inside of a courtroom again.
As president, Trump could order the Justice Department to shut down lingering federal cases, and he could pardon his alleged co-conspirators and perhaps even himself. State-level prosecutions in New York and Georgia would likely be suspended for years while Trump remained in the White House.
That reality has been the ever-present backdrop of Smith’s entire investigation. Yet his determination to avoid explicitly mentioning it has left glaring gaps in his arguments.
“This is all about trying to get it done before the election. But that’s not something that Jack Smith can overtly admit,” said Timothy Parlatore, one of Trump’s former defense attorneys, “because then that admits that it is at least in part election-related.”
Instead, Smith has merely hinted at the elephant in the room. In briefs urging the Supreme Court to take up the case with unusual speed, Smith alluded to the nation’s “compelling interest” in quickly settling the question of Trump’s guilt or innocence on charges that he sought to disenfranchise millions, stoke a violent riot at the Capitol and subvert the transfer of power after the 2020 election. The public interest demands “prompt resolution” without “undue delay,” Smith argued to the high court Thursday, without elaborating.
That vague paean to the public interest stops well short of saying what everyone — including the high court — already knows.
“If this case doesn’t get tried before the election, and if he wins, then it will likely never be tried,” Parlatore said. “That is a reality. So you could sit there and say, ‘It needs to be done now because if it’s not done now it will never be done.’”
“But, in doing so,” Parlatore added, “that also admits that it is to affect who wins the election.”
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