The United States is about to elect its 47th president 69 days from now, and Special Counsel Jack Smith just filed a watered-down version of an indictment accusing former President and 2024 presidential candidate Trump of plotting to overturn the 2020 election.
The indictment, filed in Federal District Court in Washington, would be overseen by District Judge Tanya S. Chutkan, who has often appeared too eager to hear the case. In nearly every ruling until the Supreme Court tore apart Smith’s original case, Chutkan ridiculed the Trump team and sided with the prosecution.
Jack Smith needs to learn to let go of things, especially after the courts have repeatedly rebuked his overly aggressive legal theories.
In the Supreme Court case McDonnell v. United States (2016), Smith tried to convict the former Governor of Virginia for corruption. The Court addressed the definition of “official acts” under federal bribery laws and unanimously overturned McDonnell’s conviction.
In the Trump immunity case, Smith knew that the Court had broadly yielded to the Chief Executive’s powers. Going back to Nixon v. Fitzgerald (1982), the Supreme Court ruled that presidents have absolute immunity from civil lawsuits related to official actions taken while in office. In Clinton v. Jones (1997), the Court ruled that while a sitting president is immune from lawsuits pertaining to official acts, they are not immune from civil lawsuits involving actions unrelated to their official duties or that occurred before taking office. This clarification does not apply to Trump because he was in office at the time of his alleged actions.
Yet, Smith tried to press ahead with the prosecution, and the Supreme Court heard his case. In its June ruling, the Court affirmed that presidents have absolute immunity for actions taken in their official role. Smith had used Trump’s conversations with DOJ officials, especially with DOJ official Jeffrey Clark, as a critical part of his charges. The Court ruled, in another stinging rebuke of Smith, that a president’s dealings with the department were part of his office’s core official duties; and for that reason, he was immune from prosecution.
The Court also said that a president is “at least presumptively immune from prosecution” for all dealings with his vice president. However, there may be a small opening for Smith to pursue Trump in his dealings with then-Vice President Mike Pence, whom Trump allegedly pressured not to certify the election.
Jack Smith’s court tactics have also drawn the ire of district judges. In the high-profile classified documents case against Trump, Judge Eileen Cannon ruled that Smith’s appointment as Special Counsel was unconstitutional as it violated the separation of powers doctrine and infringed upon the President’s constitutional authority. Cannon ruled in this fashion because Congress had let the Independent Counsel Act lapse in 1997 and held that Smith couldn’t prosecute his case without Congressional approval.
Smith, unwilling to let go, filed an appeal this week in the 11th Circuit Court in Atlanta to have Cannon’s judgment overturned! The Cannon ruling only applies to the Florida district where the case was brought. Although the same constitutional principles are relevant, her ruling does not apply to Smith’s case in Washington because of jurisdiction.
Smith filed the revised indictment in Washington, knowing that he was coming very close to the unwritten DOJ rule that prosecutors should not impact a presidential election 60 days out. [Smith managed to do so with nine days to spare]. But that unwritten, arbitrary rule of 60 days was meant for an ordinary election season. The 2024 election season is anything but ordinary. It is the most extraordinary election in American history.
In the last two months alone, Joe Biden, a sitting president, having won his party’s nomination with a 98% vote of committed delegates, decided not to run for reelection but to remain in the White House. In the last two months, former President Trump and the candidate who has consistently led in the polls against Biden and Harris was subject to an assassination attempt. A bi-partisan Congressional Committee is investigating how the killer got so close to Trump and how his Secret Service security detail could even permit such a thing. In the last five weeks, Vice President Kamala Harris, who has never won a single delegate in a primary election, has been anointed Biden’s heir to not only win the Democratic nomination but also assume Biden’s campaign war chest to compete against Trump. The country is at war in two theaters – Europe and the Middle East – with both conflicts coming close to a nuclear confrontation.
Does anyone seriously believe the 60-day rule applies in such a precarious situation when no one knows who is running the country? Jack Smith is doing the very same thing he is accusing Trump of having done – interfering in an election.
So, drop it, Jack Smith, for the sake of the country. You have made your point by spending millions of taxpayer dollars. And you have lost both in the Courts and the court of public opinion. It is time to move on and ride off into the sunset.
TIPP Takes
Geopolitics, Geoeconomics, And More
1. Israeli Military Launches Major West Bank Operation – BBC
Israeli security forces said they were carrying out “a counterterrorism operation to thwart terror” in Jenin and Tulkarm. This appears to be a major Israeli operation, with at least four Palestinian cities being targeted at the same time – Jenin, Tulkarm, Nablus, and Tubas.
It is believed to be the first time since the second intifada – a major Palestinian uprising from 2000 to 2005 – that several Palestinian cities have been targeted simultaneously in this way.
2. Israeli Settlers Are Seizing Palestinian Land Under Cover Of War – They Hope Permanently – BBC
Since the start of the war in Gaza, there has been an acceleration in settlement growth in the occupied West Bank. Extremists in Israel’s government boast that these changes will prevent an independent Palestinian state from ever being created.
Since the outbreak of the war, settler violence against Palestinian civilians in the West Bank also has surged. It had already been on the rise, but in the past ten months, the UN has documented around 1,270 attacks, compared with 856 in 2022.
3. U.S. Believes Iran ‘Postured And Poised’ To Launch Attack On Israel – Reuters
“We believe that they are still postured and poised to launch an attack should they want to do that, which is why we have that enhanced force posture in the region,” White House national security spokesperson John Kirby said.
“Our messaging to Iran is consistent, has been, and will stay consistent. One, don’t do it. There’s no reason to escalate this. There’s no reason to potentially start some sort of all-out regional war. And number two, we are going to be prepared to defend Israel if it comes to that.”
Middle East Flights Suspended: As many as 15 airlines have canceled their flights to Israel, Lebanon, and Iran amid a cross-border escalation with the Lebanese group Hezbollah.
4. Pentagon: Houthi-Attacked Tanker Is Leaking Oil – UPI
The MV Delta Sounion, a Greek-flagged and –owned ship, came under attack by the Iran proxy militia early Aug. 21 as it was transporting some 1 million barrels of crude oil from Iraq to Greece, and now has been abandoned at sea.
Pentagon Press Secretary Air Force Maj. Gen. Pat Ryder told reporters that the ship remains immobile and on fire. Houthi threats of attack have thwarted third-party attempts to salvage the vessel, he said.
5. Zelenskiy Says Kyiv Test-Fired Its First Ukraine-Made Ballistic Missile – RFE/RL
Ukrainian President Volodymyr Zelenskiy said Kyiv had conducted its first test of a domestically produced ballistic missile as Russia unleashed a second day of deadly strikes across Ukraine.
Zelenskiy also said at a news conference that the war with Russia would eventually end in dialogue but that Kyiv had to be in a strong position.
6. Moscow Says U.S. Involvement In Ukrainian Incursion Into Kursk Is ‘An Obvious Fact’ – Reuters
“Washington’s escalatory path is becoming more and more challenging,” Russian Deputy Foreign Minister Sergei Ryabkov said, according to Russian news agencies.
Washington says it was not informed about Ukraine’s plans ahead of its Aug. 6 incursion into Kursk. The United States has also said it did not take any part in the operation.
7. IAEA Chief Grossi Says There Is Risk Of Nuclear Incident In Russia’s Kursk Region – Reuters
“The danger or possibility of a nuclear accident has emerged near here,” UN nuclear agency chief Rafael Grossi said after visiting Russia’s Kursk nuclear power plant on Tuesday.
Russia says the plant has been repeatedly attacked by Ukrainian forces that are just 25 miles away after carving out a slice of Russian territory this month. Ukraine has yet to respond to the accusations.
8. Georgian President Calls October Polls A ‘Choice Between Europe And Russia’ – RFE/RL
Georgian President Salome Zurabishvili’s statement came after she signed a decree announcing October 26 as the day for the parliamentary polls, saying that voters must “choose between war and peace” in the election.
Despite Georgia’s longtime aspiration to join NATO and the European Union, the government’s relationship with the West has been going downhill in recent years amid Tbilisi’s visible turn toward Russia.
9. Telegram CEO’s Detention In France Extended As Moscow Cries Foul – RFE/RL
The detention of Pavel Durov, the Russian-born co-founder and CEO of the Telegram messaging app, has been extended until August 28 as Moscow expressed outrage over what it said appeared to be “a direct attempt to restrict freedom of communication.”
Kremlin spokesman Dmitry Peskov said that the allegations against Durov were “very serious” and that “they require evidence that is just as serious” to erase the suspicions of many that the billionaire’s arrest was politically motivated.
10. China To Transfer 2 Ships And Pier To Cambodian Navy – RFA
Cambodian sources said China is expected to soon hand over to the Cambodian navy two warships, a deep-draft pier long enough to accommodate aircraft carriers, and facilities it has developed at a section of the Ream naval base on Cambodia’s coast.
In return, analysts say it is likely that the two countries have reached an agreement giving the Chinese navy privileged access to the new base, where no foreign vessels have been allowed to dock until now.
11. China Backs Off Coal Plant Approvals After 2022-23 Surge That Alarmed Climate Experts – A.P.
Greenpeace East Asia reviewed project documents and found that 14 new coal plants were approved from January to June, with a total capacity of 10.3 gigawatts, down 80 percent from 50.4 gigawatts in the first half of last year.
Chinese authorities approved 90.7 gigawatts in 2022 and 106.4 gigawatts in 2023, a surge that raised alarm among climate experts.
12. Pacific Leaders Back Regional Police Force Amid China Concerns – RFA
The Australian-backed Pacific Policing Initiative, or PPI, is seen as a counterweight to growing Chinese influence in the region, which has become a focal point for competition between major powers in recent years.
The announcement came just a day after the five-member Melanesian Spearhead Group, or MSG issued a statement saying parts of the PPI were “cryptic” and needed to be calibrated for Pacific needs.
13. North Korea Tests Upgraded Rocket Launcher In Threat To Seoul And Possible Demonstration For Russia – UPI
North Korean leader Kim Jong Un oversaw the test-firing of an updated 240mm multiple rocket launcher, state-run media said, as North Korea continues to develop weapons that threaten South Korea and may also be intended for shipment to Russia.
North Korea last reported testing a 240mm rocket launcher in April, prompting speculation by South Korean officials that it was showcasing the weapons in anticipation of sales to Russia.
14. EU Aid To Afghanistan Continues To Flow Amid Taliban’s Restrictions On Women – RFE/RL
Afghanistan is one of the largest recipients of humanitarian aid from the European Union, EU officials said, one day after saying it was appalled by a new decree issued by the Taliban-led government further restricting the lives of women.
The European Union this year has provided 125 million euros ($139 million) to Afghanistan for humanitarian-aid purposes, Balazs Ujvari, European Commission spokesman for budget, human resources, humanitarian aid, and crisis management, said at a European Commission news briefing.
15. ISIS Increasingly Using AI To Garner Support: Experts – Reuters
Digital experts say groups like ISIS and far-right movements are increasingly using AI online and testing the limits of safety controls on social media platforms.
A study by the Combating Terrorism Center at West Point said AI could be used to generate and distribute propaganda, recruit using AI-powered chatbots, carry out attacks using drones or other autonomous vehicles, and launch cyber-attacks.
16. Neighborhood Noise Might Increase Heart Attack Risk, Studies Indicate – HealthDay News
A study found that people under 50 were more prone to heart attacks if they lived in a noisy area, while another study showed the prognosis for heart attack survivors was worse if neighborhood noise was an issue.
Construction, cars honking, crowd noise: These can all be chronic sources of stress for urban dwellers, and stress is a known heart risk factor.
17. Under New Medicare Rules, 3.6M Americans Could Be Covered For Wegovy – HealthDay News
A new study finds that new Medicare rules could make 3.6 million Americans—or even more—eligible for treatment with the pricey weight-loss drug Wegovy.
Under the new rules, the government will pay for Wegovy treatment if a person with a high BMI also has heart disease. Researchers noted that federal regulations have restricted Medicare from covering drugs prescribed solely for weight loss.
Republished with permission from TIPP Insights
