Taking It in His Stride

The election interference is all on one side

Pout harder. [EMILY ELCONIN/GETTY IMAGES]

The New York Times seems to have learned nothing. While the comparative non-story about Hillary Clinton’s emails got as much coverage in six days as actual policy got in almost 70 days, Judge Tanya Chutkan released Special Counsel Jack Smith’s new filing in the January 6 case only two days ago and there is nothing about it on the Time’s digital front page. The story on the front page of the print addition has this headline:

NEW JAN. 6 FILING ADDS WIDER LIST OF CONSPIRATORS: FROM PERSON 1 TO 71: Plot to Rig 2020 Vote—Details Not Available to Other Inquiries.

If you were only glancing at the headlines, you wouldn’t know that this story had anything to do with Donald Trump at all and you’d have no real sense at all of its import. Donald seems to know, though, and he isn’t handling it well.

The convicted felon published a few all-caps posts on his failing social media platform, Truth Social, after the publication of the document:

WHETHER NOW THE FULLY DEBUNKED RUSSIA, RUSSIA, RUSSIA, IRAN, IRAN, IRAN, UKRAINE, UKRAINE, UKRAINE, 51 INTELLIGENCE AGENTS, SPYING ON MY CAMPAIGN, IMPEACHMENT HOAX NUMBER ONE, IMPEACHMENT HOAX NUMBER TWO, OR ANY OF THE OTHER SCAMS, THIS ILLEGAL ACTION TAKEN BY THE JUSTICE DEPARTMENT, INCLUDING THEIR RAID ON MAR-A-LAGO FOR A CASE THAT WAS DISMISSED, WILL END JUST LIKE ALL OF THE OTHERS - WITH COMPLETE VICTORY FOR “PRESIDENT DONALD J. TRUMP.” MAKE AMERICA GREAT AGAIN!

In another, he pointed to his real concern about the timing of the filing’s release:

The release of this falsehood-ridden, Unconstitutional, J6 brief immediately following Tim Walz’s disastrous Debate performance, and 33 days before the Most Important Election in the History of our Country, is another obvious attempt by the Harris-Biden regime to undermine and Weaponize American Democracy, and INTERFERE IN THE 2024 PRESIDENTIAL ELECTION. Deranged Jack Smith, the hand picked [sic] Prosecutor of the Harris-Biden DOJ, and Washington, D.C. based Radical Left Democrats, are HELL BENT on continuing to Weaponize the Justice Department in an attempt to cling to power. “TRUMP” is dominating the Election cycle, leading in the Polls, and the Radical Democrats throughout the Deep State are totally “freaking out.” This entire case is a Partisan, Unconstitutional, Witch Hunt, that should be dismissed, entirely, just like the Florida case was dismissed!

The salient point here is that Donald, as well as other Republican operatives, are accusing Jack Smith and Judge Chutkan of election interference because the filing was released only 35 days out from the election.

According to the Department of Justice Manual:

Federal prosecutors and agents may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.

So why is this case different? First of all, because there has been no intent to affect the outcome of the election. Smith and Chutkan are simply dealing as best they can with the hand they’ve been dealt while trying to comply with the almost impossible constraints the Supreme Court ruling placed upon them.

Merrick Garland deserves his share of the blame. There is no universe in which it makes sense that he waited almost two years to appoint the Special Counsel in the first place; but the extraordinary delays once Smith was appointed can be laid squarely at the feet of Donald Trump and the corrupt illegitimate super-majority on the Supreme Court.

Here’s an abbreviated timeline with the most salient developments over the last 23 months:

• 11/18/2022: Merrick Garland appointed Jack Smith; Smith sends out subpoenas four days later

• 8/28/2023: Judge Chutkan schedules the trial to start on 3/04/2024

• 11/05/2023: Donald files a motion to dismiss his case, citing what his absolute presidential immunity

• 12/11/2023: Smith,leap-frogging the federal appeals court, asks the Supreme Court to decide the issue of presidential immunity.

• 12/13/2023: Judge Chutkan agrees to the defense’s request to stay proceedings in the case during the appeals process.

• 12/22/2023: The Supreme Court denies the special counsel's request to take up the immunity claims, handing it back to the federal appeals court.

• 1/09/2024: A three-judge panel in the D.C., Court of Appeals hears arguments about whether to dismiss the case on grounds of Donald’s claims of presidential immunity

• 2/06/2024: The Court of Appeals judges write, "We reject all three potential bases for immunity both as a categorical defense to federal criminal prosecutions of former Presidents and as applied to this case in particular," rejecting Donald’s claim of presidential immunity.

• 2/12/2024: Donald’s defense lawyers ask the U.S. Supreme Court to stay the appeals court decision.

• 2/28/2024: SCOTUS agrees and schedules oral arguments for the week of April 22. (What’s the rush, right?)

• 7/01/2024: The corrupt illegitimate super-majority of the Supreme Court, in a decision that rips the Constitution to shreds, rules that Donald is, in fact, entitled to some immunity from criminal prosecution. The case is sent back to the trial court (over which Judge Chutkan presides).

• 8/03/2024: Wasting no time, Judge Chutkan resumes the election interference case and denies Donald’s motion to dismiss.

• 8/08/2024: Special Counsel Jack Smith request more time in order to take the Supreme Court ruling into account.

Judge Chutkan understood the urgency of the issue in a way the Supreme Court refused to. Jack Smith understood how gravely the Supreme Court decision complicated his prosecution. Smith asked for Chutkan’s permission to submit a more extensive brief than is typically allowed (the request was granted) in order to take the immunity ruling into account, knowing his case has to be proven by underscoring that the acts crimes committed by Donald Trump were committed by him as a private citizen, and therefore are not subject to presidential immunity. That is the filing that was released a couple of days ago.

The reason we are here is not because Jack Smith, Judge Chutkan or some cabal of radical left-wing Deep State Democrats are engaged in a conspiracy to commit election interference. We’re here because Donald Trump figured out a long time ago how to game the system. If you're the guilty party, and he nearly always is, your best bet is to create as many delays as possible. He has successfully done this time after time after time. This time around he also had the corrupt, illegitimate super-majority of the Supreme Court backing him up all the way. So, if Donald wants to blame somebody for the fact that Smith’s filing was made public so close to the election, he just needs to look in the mirror.