Hoover Institution senior fellow Victor Davis Hanson warned Friday on his podcast that the Democratic Party might seek to jail former President Donald Trump in his case against special prosecutor Jack Smith.
In 2023, four criminal indictments were filed against Trump, alleging election interference and mishandling of classified documents. On “The Victor Davis Hanson Show,” Hanson described Smith, who recently succeeded in having Judge Tanya Chutkan unseal his latest court filing against Trump, as “out of control.”
“Well, Jack Smith is crazy, he’s out of control. He’s violated the DOJ zone handbook of ethical behavior, that you don’t indict a major political figure or you don’t further a prosecution 90 to 60 days out,” Hanson said.
“He’s been disgraced when he went after the Virginia Governor Bob McConnell, and he was reversed 9-0 by the Supreme Court for trying to demonize him,” Hanson added. “So he has a reputation that if you want to destroy a political candidate on the right, you take this Jack Smith and he’ll do anything, anytime, anywhere and he has no ethics.”
Hanson continued, stating that if Trump wins the 2024 presidential election, he believes Smith will persuade a “biased jury” to convict Trump. He also claimed that if Trump were jailed, Vice President Kamala Harris would invoke the 25th Amendment against President Joe Biden, allowing her to assume the presidency.
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“So, yeah, I think, as I said, I’m really worried about a scenario in which Donald Trump wins the Electoral College. Kamala Harris wins the popular vote but loses the presidency. Jack Smith then indicts and convicts, I should say, with a biased jury, Donald Trump, and tries to put him in jail. Joe Biden is now a doddering old fool, and she sometime in late November, December [calls for] the 25th amendment, and she’s president,” Hanson said.
“She says, “I won the popular vote, he’s in jail,” and the Constitution would say, then, J.D. Vance — [it] wouldn’t even say it. There’s nothing in the Constitution says he can’t be in jail and be president,” Hanson continued. “But if there were some kind of weird court willing, there’s still J.D. Vance was elected vice president, and he could serve for a month or two until Trump got out. But I don’t think they would do that.”
Judge Tanya Chutkan unveiled a redacted version of Smith’s 165-page legal brief on Oct. 2, addressing the Supreme Court’s ruling on presidential immunity in the election interference case against Trump. While Trump’s attorneys requested that the judge withhold Smith’s court filing, Chutkan stated there was “no support” for their claim that the release would constitute an “improper motion for summary judgment in the court of public opinion.”
“What have they not done? They’ll do anything, and they don’t understand that the more desperate and the more shrill they are, the more people get sick of them,” Hanson added.
Trump’s attorneys now have until Nov. 7 to file a reply to Smith’s filing, giving Smith until Nov. 21 to respond to their objections, according to ABC News.
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