JONATHAN TURLEY
Res ipsa loquitur – The thing itself speaks

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.”

https://jonathanturley.org/2024/10/11/adversarial-process-or-oppo-research-judge-chutkan-agrees-to-release-more-smith-material-before-the-election/

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Trump prosecutor resigns
Jack Smith led two federal cases alleging that the president-elect mishandled classified documents and interfered in election results

US Special Counsel Jack Smith, who led two federal cases against President-elect Donald Trump, has resigned after handing in his final report on his findings, according to court documents lodged on Saturday.

The prosecution filed a motion to urge District Judge Aileen Cannon not to extend her injunction temporarily blocking the release of a portion of the special counsel’s report pertaining to the classified documents case against Trump. News of Smith’s resignation from the US Justice Department came in a brief footnote in the court filing.

“The Special Counsel completed his work and submitted his final confidential report on January 7, 2025, and separated from the Department on January 10,” the footnote said.

Judge Cannon presides over the mishandling of classified documents case against Trump. Her block on releasing Smith’s report on the case lasts until Monday.

Attorney General Merrick Garland intends to publicly release the other part of Smith’s report – detailing his findings in the case of Trump’s alleged attempts to overturn the results of the 2020 US election, according to court documents released on Wednesday.

Smith led two of the four criminal cases brought against Trump after his first presidency. Cannon dismissed the first case in July last year, while DC District Judge Tanya Chutkan dropped the second in November, citing legal immunity afforded a sitting US president. Neither of the cases went to trial.

Smith’s resignation comes just ten days before Trump takes office on January 20. The incoming president had said he would fire Smith “within two seconds” of assuming office.

The president-elect has repeatedly stated that the charges against him are groundless and “lawless.”

On Friday, Trump was sentenced in the ‘hush money’ case brought against him in New York. While the ruling means he will not face fines or jail time, Trump will be considered a felon under US law [UNTIL HE WINS THE APPEAL TO A HIGHER COURT].

https://www.rt.com/news/610752-trump-prosecutor-resigns/

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YOURDEMOCRACY.NET RECORDS HISTORY AS IT SHOULD BE — NOT AS THE WESTERN MEDIA WRONGLY REPORTS IT.

         Gus Leonisky

         POLITICAL CARTOONIST SINCE 1951.

HYPOCRISY ISN’T ONE OF THE TEN COMMANDMENTS SINS.

HENCE ITS POPULARITY IN THE ABRAHAMIC TRADITIONS…

PLEASE DO NOT BLAME RUSSIA IF WW3 STARTS. BLAME AMERICA.