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Special Counsel Jack Smith Asks for More Time to ‘Assess’ Supreme Court’s Immunity Ruling as Trump Demands ‘Total Dismissal’ of 2020 Election Case

Special Counsel Jack Smith requested more time on Thursday to respond to a scheduling order from the judge handling Donald Trump’s 2020 election interference case, indicating that his office is still grappling with the Supreme Court’s ruling in the former president’s immunity case — nearly a month later.

“The Government continues to assess the new precedent set forth last month in the Supreme Court’s decision in Trump v. United States, including through consultation with other Department of Justice components,” prosecutors wrote to Judge Tanya Chutkan in a status report filed with the DC District Court.

“Although those consultations are well underway, the Government has not finalized its position on the most appropriate schedule for the parties to brief issues related to the decision,” Smith’s office said.

“The Government therefore respectfully requests additional time to provide the Court with an informed proposal regarding the schedule for pretrial proceedings moving forward.”

The Supreme Court ruled on July 1 that Trump, 78, is subject to absolute immunity from prosecution for “official acts” during his presidency and left it up to lower courts to sort out what constitutes an “official act” by a sitting president. (Read more from “Special Counsel Jack Smith Asks for More Time to ‘Assess’ Supreme Court’s Immunity Ruling as Trump Demands ‘Total Dismissal’ of 2020 Election Case” HERE)

Jack Smith Requests Gag Order on Trump

Special counsel Jack Smith requested a gag order Friday against former President Donald Trump regarding his case involving the alleged mishandling of classified documents, according to a court filing.

Smith filed the request Friday evening asking presiding Judge Aileen Cannon to modify Trump’s “conditions of release,” seeking that it makes clear “he may not make statements that pose a significant, imminent, and foreseeable danger to law enforcement agents participating in the investigation and prosecution of this case.”

“The law enforcement agents participating in this case conducted the search in an appropriate and professional manner, subject to the Department of Justice’s standard use-of-force policy. Trump’s repeated mischaracterization of these facts in widely distributed messages as an attempt to kill him, his family, and Secret Service agents has endangered law enforcement officers involved in the investigation and prosecution of this case and threatened the integrity of these proceedings,” the filing stated.

“A restriction prohibiting future similar statements does not restrict legitimate speech. Trump’s conditions of release should therefore be modified to prohibit similar communications going forward.”

Smith’s request comes swiftly after court documents were released regarding the language used within the Federal Bureau of Investigations (FBI) authorization of their raid at Mar-A-Lago in August 2022, according to Fox News. As part of the special counsel’s investigation, the federal agency’s “Operations Order” was produced within the released filing, showing that the FBI “believed its objective for the Mar-a-Lago raid was to seize ‘classified information, NDI, and US Government records,’” court documents stated. (Read more from “Jack Smith Requests Gag Order on Trump” HERE)

Trump: Arrest Jack Smith After Special Counsel Admits Lying to Court

President Trump this weekend called for Jack Smith to be arrested after the Special Counsel admitted in a court filing that he lied to the court about the classified documents seized from Mar-a-Lago. . .

Jack Smith admitted he lied to the Court about the classified documents seized from Mar-a-Lago in a motion filed late Friday night.

Special Counsel Jack Smith on Friday evening responded to Trump’s co-defendant Walt Nauta’s motion to extend a deadline for disclosures in the classified documents case.

Recall that Walt Nauta, a former White House employee and Navy veteran who worked valet for Trump and served as a personal staffer at Mar-a-Lago was indicted along with Trump last year.

In a motion filed late Friday, Jack Smith admitted the FBI messed with the boxes containing “classified” documents they seized from Trump and can’t be sure the order or the placement of the documents. (Read more from “Trump: Arrest Jack Smith After Special Counsel Admits Lying to Court” HERE)

Jack Smith Makes the Ludicrous Argument that Trump is Using NY Criminal Case to Delay Florida Federal Case

Special counsel Jack Smith claimed in a court filing this week that former President Donald Trump is using his ongoing criminal trial in New York City to delay his upcoming case involving his handling of classified documents in Florida, Newsweek reports.

Smith wrote in a filing on Monday that Trump is “seeking another postponement” to the case, in which the former president is accused of illegally retaining classified documents, adding that “This time, Trump invokes his New York trial” as a reason for delaying his Florida case, arguing that his legal team will be too preoccupied with his criminal trial to meet the deadlines set by the judge in the classified documents case.

In the filing, Smith stated that Judge Aileen Cannon set a deadline of May 9 for the defense to submit expert witness disclosures, and noted that the Court was “fully apprised of defendant Trump’s New York trial” at the time that date was set.

“Although the defendants’ motion reads as though the Court were unaware of Trump’s other case…those premises are plainly wrong. The defendants have had ample notice that these deadlines would be scheduled and have already had months to complete the work.” (Read more from “Jack Smith Makes the Ludicrous Argument that Trump is Using NY Criminal Case to Delay Florida Federal Case” HERE)

President Trump Stomps Hack Jack Yet Again—Is This the Final Blow?

Hack Jack’s path to lock up President Trump before the 2024 election is littered with legal hurdles. Instead of seeing the stars aligning in his favor, he’s facing setback after setback. The latest blow could be the final one and comes from Judge Cannon, who refuses to schedule hearings that President Trump can’t attend due to prior court commitments in the sham “hush money” case. This setback could be the final straw for Hack Jack’s fragile plans, delaying his “classified docs” case by another two months and making it nearly impossible to reach a trial date before the 2024 election.

This is what investigative reporter Julie Kelly had to say about the latest massive blow Hack Jack took.

Kelly was commenting on a video wherein Human Events editor Jack Posobiec and attorney Mike Davis recently delved into the legal details surrounding the DOJ’s actions against President Trump and interference in the 2024 election, including how the “hush money” Judge Merchan is now threatening to throw President Trump in jail. . .

With the “hush money” trial being the only remaining criminal case against President Trump before the 2024 election, all eyes are on Fat Alvin’s spectacle. Meanwhile, President Trump’s Truth Social account continues to thrive, standing as a beacon of defiance in the face of this shameless political hit job. . .

The Federalist:

Democrat hacks have claimed that Special Counsel Jack Smith’s indictments against Donald Trump over the former president’s challenging of the 2020 election are legally sound. So why is Smith grasping at legal straws in his latest court filing?

On Monday, Smith filed a brief with the U.S. Supreme Court urging the nation’s highest judicial body to dismiss Trump’s presidential immunity claims. Citing the Jan. 6, 2021, riot at the U.S. Capitol, the special counsel indicted Trump in August over his speech questioning the administration of the 2020 election. This prompted the former president’s legal team to file a motion essentially arguing that Trump “should be immune from prosecution because the conduct he is accused of constituted official acts of the president,” as Fox News summarized.

“The President’s constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them,” Smith claimed.

(Read more from “President Trump Stomps Hack Jack Yet Again—Is This the Final Blow?” HERE)

Jack Smith Tells Supreme Court to Keep Trump Charges

Special counsel Jack Smith called on the Supreme Court on Monday to reject a bid by Donald Trump to invoke presidential immunity to avoid a trial over an alleged effort to subvert the 2020 election results, saying the “Framers” never intended such privileges for former presidents.

The Supreme Court is poised to weigh Trump’s arguments on April 25 that he should not be prosecuted for acts taken while he was still president, namely Smith’s four-count indictment alleging an effort to upend President Joe Biden‘s 2020 election victory. Smith told the justices in a court filing that even if they find that former presidents enjoy some form of immunity, at least some of Trump’s actions were “private conduct” and should be prosecuted.

“The Framers never endorsed criminal immunity for a former President, and all Presidents from the Founding to the modern era have known that after leaving office they faced potential criminal liability for official acts,” Smith told the high court in a 66-page filing.

Smith took aim at several of Trump’s claims that have been made in an effort to convince the court that he should be immune from charges in the case. He pointed out that Trump “suggests that unless a criminal statute expressly names the President, the statute does not apply.”

“That radical suggestion, which would free the President from virtually all criminal law — even crimes such as bribery, murder, treason, and sedition — is unfounded,” the filing said, adding that the text of “nearly all” federal criminal laws covers all individuals, including the president. (Read more from “Jack Smith Tells Supreme Court to Keep Trump Charges” HERE)

Photo credit: Gage Skidmore via Flickr

Judge Rules on Trump Documents Case and Calls Jack Smith’s Demand ‘Unjust’

A Florida federal judge denied a bid by former President Donald Trump to dismiss his classified documents case on the grounds that his actions were permitted under the Presidential Records Act.

Trump’s attorneys had moved to dismiss the case on those grounds, writing in a February filing that the PRA granted “unreviewable discretion on President Trump to designate the records at issue as personal.” While U.S. District Judge Aileen Cannon did not grant Trump’s motion to dismiss the case on PRA grounds, she left open the possibility for Trump to raise the argument if a trial ever takes place.

Cannon also pushed back on special counsel Jack Smith‘s ‘demand’ that she make a final ruling on whether the PRA theory can be used at trial, in the event prosecutors seek to appeal to the U.S. Court of Appeals for the 11th Circuit. Cannon said that demand was “unprecedented and unjust.” . . .

The first 32 counts in Smith’s indictment “make no reference to the Presidential Records Act, nor do they rely on that statute for purposes of stating an offense,” the judge wrote in a three-page order. As for the remaining counts against Trump tacked on in a superseding indictment that alleged efforts to obstruct a federal investigation, she wrote, “They too track the applicable statutory language and essential elements of the charged crimes.”

The decision comes just two days after both parties submitted their responses to Cannon’s proposed jury instructions based on competing interpretations of two laws relevant in the case. (Read more from “Judge Rules on Trump Documents Case and Calls Jack Smith’s Demand ‘Unjust’” HERE)

Photo credit: Flickr

Trump Accuses Special Counsel of Violating Court Order, Seeks Contempt Charges

Former President Donald Trump has accused special counsel Jack Smith of violating a court order that paused proceedings in the case. Trump, through his re-election campaign, is seeking to hold Smith in contempt of court for allegedly defying the stay granted by U.S. District Judge Tanya Chutkan.

The controversy revolves around the stay of proceedings that Judge Chutkan had imposed after Trump’s legal team appealed her decision to reject their request to dismiss the case. The appeal, centering on claims of presidential immunity and double jeopardy, is currently under consideration by the D.C. Circuit Court of Appeals. However, Trump’s attorneys claim that Smith’s team continued making submissions despite the ongoing appeal, violating the stay order.

According to a 15-page filing by Trump’s legal team, prosecutors breached the stay almost immediately by serving thousands of pages of discovery and a “purported” draft exhibit list. The filing alleges that despite a warning from Trump regarding potential relief if such conduct persisted, prosecutors filed a motion containing “partisan rhetoric, including false claims.”

The filing further states, “In this manner, the prosecutors seek to weaponize the Stay to spread political propaganda, knowing that President Trump would not fully respond because the Court relieved him of the burdens of litigation during the Stay. Worse, the prosecutors have announced their intention to continue this partisan-driven misconduct indefinitely, effectively converting this Court’s docket into an arm of [President Joe Biden’s re-election] Campaign.”

Trump’s legal team is now requesting the federal court in Washington, D.C., to order prosecutors to show cause for why they should not be held in contempt. They also seek the withdrawal of their filings, a prohibition on future productions without express permission from the court, and monetary sanctions for attorneys’ fees and expenses incurred in the response.

As of now, Smith’s team has not issued an immediate reply to the filing, and they have declined to comment to the media. In the original stay order, Judge Chutkan emphasized the temporary pause on proceedings but clarified that deadlines and protective measures, such as the gag order against Trump, have not been permanently vacated.

In response to the recent developments, a spokesperson for Trump, Steven Cheung, stated, “Rather than respect the rule of law, Jack Smith unilaterally decided to disobey the stay order and continue with his harassing litigation, all done to keep parroting the pathetic Biden Campaign’s corrupt talking points in the name of election interference. As a result, President Trump is seeking to hold Deranged Jack in contempt of Court. No prosecutor is above the law.”

Photo credit: Gage Skidmore via Flickr

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Trump Asks Federal Appeals Court To Dismiss 2020 Election Case

Donald Trump asked a federal appeals court late on Saturday to dismiss special counsel Jack Smith‘s case accusing the former president of unlawfully plotting to overturn the results of the 2020 election.

Trump has “absolute immunity from prosecution for his official acts” as president, including him seeking to “advocate for and defend the integrity of the federal election, in accord with his view that it was tainted by fraud and irregularity,” Trump’s lawyers argued in a 71-page filing.

U.S. District Judge Tanya Chutkan, an appointee of former President Barack Obama, previously rebuffed Trump’s immunity claim, saying the defendant’s “four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.” The judge also rejected Trump’s First Amendment defense.

Trump’s legal team filed an appeal on the immunity claim. They also requested a pause in the proceedings, which was then granted. Smith’s team responded by asking the appeals court to consider the immunity claim on an expedited basis. The appellate court accepted the request and oral arguments are scheduled for January 9. (Read more from “Trump Asks Federal Appeals Court To Dismiss 2020 Election Case” HERE)

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Jack Smith Quietly Withdraws From a Trump Investigation

Special Counsel Jack Smith has quietly withdrawn a subpoena seeking records from former President Trump’s 2020 campaign as their investigation of whether his campaign committed any crimes continues.

This week, more than a year into their investigation, Smith’s office dropped the subpoena request from Trump’s campaign following the withdrawal of a similar subpoena to Save America, the PAC formed by Trump’s aides. . .

More from Trending Politics:

The rescinding of the subpoenas to Donald J. Trump for President Inc. and Save America indicated that Smith’s office was slowing or even ending its months-long investigation into whether Trump’s political operation violated any laws by using election fraud claims to raise funds. The retraction of the subpoena for Save America was first reported by The Washington Post last week. Smith’s team has been attempting to find out, for more than a year, whether Trump and his advisers violated federal wire fraud statutes in their fund-raising, following a path initially followed by the House select committee investigating the events of January 6, 2021.

(Read more from “Jack Smith Quietly Withdraws From a Trump Investigation” HERE)

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