While we were all recovering from our eggnog-and-turkey hangovers last week, the Supreme Court threw a major wrench into Jack Smith’s special election interference calendar. The special prosecutor had hoped to leapfrog an Appeals court decision on two of the charges against Trump and go straight for a Supreme Court decision.
This would ensure that Smith could have Trump sitting in a federal courtroom the day before Super Tuesday in March, instead of holding barnstorming rallies in key states. Well, too bad, Jack! You rolled the dice and you lost.
Just for a quick reminder, this is the four-count indictment against Trump in Washington, DC, relating to January 6th. Smith charged the president with conspiracy to defraud the United States, conspiracy against rights, conspiracy to obstruct an official proceeding, and obstruction of and attempt to obstruct an official proceeding.
The entire thing is absurd, but those last two “novel” charges might not even be real crimes. That’s what the Supreme Court will be deciding.
All of this is theatrics. Smith wanted this case to play out during the primaries in order obtain a conviction against Donald Trump before he accepts the Republican nomination in June. It’s the reason why Ron DeSantis, Nikki Haley, and Chris Krispie-Cream are even in the race at this point. They all have a calculated belief that Trump will be sidelined and then “someone” will get to slide in and replace him as the nominee.
We’re less than two weeks out from the Iowa caucuses, and let’s face it: The only way one of those losers ends up being the nominee is if something really, really bad happens to Donald Trump.
The only way that Jack Smith was able to indict Trump in this DC case was by twisting the definition of words in 18 U.S.C. § 1512(c), a law that was passed in response to Enron destroying financial documents while it was under investigation in 2001. Cases like this are the whole reason why we have a Supreme Court.
As an example, an “official proceeding” in 18 U.S.C. § 1512(c) is a criminal investigation. Congress was sloppy in wording the statute when the law was written. In plain English, what they meant was that it’s a crime to destroy evidence, shred documents, tamper with witnesses, and other related stuff while you are being criminally investigated, with the investigation itself being the “official proceeding.”
What’s that have to do with January 6th? Absolutely nothing!
Smith is trying to equate a ceremonial meeting of Congress (official proceeding) with a criminal investigation (official proceeding), so that he can charge Trump with these obstruction “crimes.” It’s an apples-and-oranges situation, and 18 U.S.C. § 1512(c) was never intended to refer to meetings of Congress.
This has huge implications not only for Trump, but also for hundreds of January 6 peaceful protesters who have already been sent to prison under the Enron statute. One of those defendants, named Joseph Fischer, has successfully appealed his Enron obstruction charges to the Supreme Court. If the Supreme Court rules that a financial crimes statute has nothing to do with peacefully protesting at the Capitol, it will vacate those convictions for hundreds of January 6ers, and the two obstruction crimes against President Trump will go away.
The Supreme Court decided that Smith can’t leapfrog his case over the Appeals court, as we predicted would happen last month. That means the process grinds to a halt and Jack Smith’s planned calendar of election interference has just been shredded like an Enron document.
All of this is good. We shouldn’t get too worked up about all this court stuff, although it is always fun to see a guy like Jack Smith getting his ass handed to him by a judge.
What does concern me, and what should concern all of us, is what the cornered rats in the Deep State are going to do when all the court cases fail. Donald Trump’s reelection is inevitable, and they all know it. Every American is poorer and has had their standard of living degraded by the creepy, unelected, suspected pedophile in the White House in just three years.
Trump is now so confident in his internal and external polling that he’s making a play for New York, New Jersey, Virginia, New Mexico, and Minnesota in the 2024 election. Everyone hates Joe Biden, and his one lonely term cannot end soon enough.
They know they can’t beat Donald Trump in a fair election in 2024. Since they’re willing to burn the entire legal system to the ground to try to stop Trump’s reelection, what else are they willing to sacrifice to stop him? That’s the thing that I’m losing sleep over in 2024.
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