In a move that Democrats hope will shape the election next month, Judge Tanya Chutkan, a Barack Obama appointee, allowed for the release of a redacted version of special counsel Jack Smith’s lengthy brief detailing evidence in the “election interference” against Donald Trump.
The New York Times reports that the liberal judge released the document and pretended that our lying eyes deceived us. Jack Smith isn’t trying to go around the Supreme Court and hand Kamala Harris an “October Surprise,” he’s just trying to do his job.
Made public by Judge Tanya S. Chutkan of the Federal District Court in Washington, the 165-page brief was partly redacted but expansive, adding details to the already extensive record of how Mr. Trump lost the race but attempted nonetheless to cling to power.
The brief from the prosecution team led by the special counsel, Jack Smith, asserts that there is ample evidence that Mr. Trump’s efforts to remain in office were those of a desperate losing candidate rather than official acts of a president that would be considered immune from prosecution under a landmark Supreme Court ruling this summer.
“The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct,” prosecutors wrote. “Not so. Although the defendant was the incumbent president during the charged conspiracies, his scheme was fundamentally a private one.”
The brief was unsealed three months after the Supreme Court’s immunity ruling, less than five weeks from Election Day and one day after Mr. Trump’s current running mate, Senator JD Vance of Ohio, declined during the vice-presidential debate to say that Mr. Trump had lost in 2020.
Last week, the House Republicans revealed testimony showing that military officials ignored Trump’s order to protect the Capitol on January 6, 2021.
Jonathan Turley, a law professor and legal commentator, pointed out that Smith’s move is clearly political, writing on Twitter:
“Judge Chutkin, as expected, has ordered the release of the Smith filing weeks before the election. Smith fought unsuccessfully to try Trump before the election but has now been allowed to release this scathing report. Smith was clearly eager to get this out before the public despite Justice Department policies that encourage prosecutors to avoid acts that would be viewed as trying to influence an election.
He is trying to thread the needle in this filing to get around the Supreme Court immunity decision. Notably, Smith removed evidence from the new indictment but kept the same claims, including conduct that seems to fall within protected areas Smith is just categorically claiming that ”At its core, the defendant’s scheme was a private one. He extensively used private actors and his campaign infrastructure to attempt to overturn the election results and operated in a private capacity as a candidate for office.”
What Smith was not willing to do is actually reduce the underlying claims. The new case is to indictments what shrinkflation is to products — same package just less content Smith knows that he has a motivated and supportive judge and wants to simply prove the same basic claims on less evidence.”
Trump’s campaign slammed the filing as “election interference,” noted The Daily Caller.
The release of the brief “following Tim Walz’s disastrous debate performance is another obvious attempt by the Harris-Biden regime to undermine American Democracy and interfere in this election,” Trump Campaign Communications Director Steven Cheung said in a statement.
“Deranged Jack Smith and Washington DC Radical Democrats are hell-bent on weaponizing the Justice Department in an attempt to cling to power,” Cheung said. “President Trump is dominating, and the Radical Democrats throughout the Deep State are freaking out. This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely, together with ALL of the remaining Democrat hoaxes.”
Trump took to social media to slam the “weaponizing” of the Justice Department against him to “prop up their failing Candidate, Kamala Harris.”
