Jack Smith is down to his last chance against Donald Trump before the election.
He’s got one ace in the hole he thinks can tip the election.
And Jack Smith has an October surprise for Donald Trump after this court ruling.
Jack Smith’s final play to impact the election
Special Counsel Jack Smith is down to his January 6 criminal case against former President Donald Trump.
District Court Judge Aileen Cannon dismissed his case against Trump for allegedly mishandling classified documents after she ruled he was unlawfully appointed by Attorney General Merrick Garland.
The January 6 charges were on hold for most of this year while the Supreme Court decided Trump’s claim of Presidential immunity.
D.C. District Court Judge Tanya Chutkan – who was appointed by former President Barack Obama – set a trial date for the January 6 case for after the election.
But Smith has a sneaky scheme to insert the case into the political conversation in the final weeks before Election Day.
The Supreme Court ruled in July that Presidents have absolute immunity from criminal prosecution for official acts while committed in office.
The justices left it to lower courts to decide what is considered an official act by the President.
Smith filed a superseding indictment in August but kept the same charges against Trump but removed evidence that would have been excluded because it would have been protected by Presidential immunity.
Now, Chutkan has to decide what evidence in Smith’s case can be used because of the Presidential immunity ruling.
Smith filed a 180-page brief that outlines all of the alleged evidence that he has against Trump in the January 6 case.
He can’t have the trial started before the election but he hopes to get all of that evidence out to the public to deal the maximum political damage before the election.
The media can run with a few snippets of evidence and go hysterical claiming Trump was trying to overthrow the government.
Obama judge decides the fate
The 180-page brief includes interviews with Trump officials, records of Trump’s Twitter activity on January 6, and records Smith dug up.
Trump’s legal team called it a “hit piece” and tried to stop Smith from filing it.
Smith can put in whatever evidence he wants to for a smear campaign even if he doesn’t use it at a future trial.
Chutkan is looking at the evidence to determine if it’s covered by Presidential immunity.
Trump’s legal team can’t contest the accuracy of the evidence in the pretrial phase of the legal process.
Smith can put whatever absurd information in there that he thinks will do the maximum political damage to Trump in the closing weeks of the election.
The brief is sealed but Chutkan has the power to unseal all or some of it.
She’s a political hack who was appointed by Obama and has ruled against Trump at every turn in the case.
Jack Smith was on a mission to kneecap Donald Trump’s Presidential campaign.
A document dump of evidence could be his October surprise to tip the election to Vice President Kamala Harris.
