Jack Smith was “appointed” a special counsel to carry part of the Democrat party’s lawfare campaign against President Trump.
He’s brought several cases, and recently filed a replacement indictment repeating the claims from an earlier filing that accused Trump of election interference for his rhetoric about a “stolen” 2020 presidential race result.
Smith is facing is own headwinds, with a federal court ruling that he doesn’t qualify as a special counsel as he wasn’t appointed by the president, nor was he confirmed by the Senate.
That has prompted a judge already to dismiss one of his cases. And his other still must be evaluated for the legitimacy of its counts since the Supreme Court determined a president has significant levels of immunity for his actions.
Now it is the American Center for Law and Justice that effectively is accusing Smith himself of election interference for bringing a new set of “election interference” claims against President Trump just weeks before the 2024 vote.
“Smith is still trying to salvage his election interference case against Trump – by interfering in the election himself,” the organization documented. “He will stop at nothing in his political prosecution of Trump.”
The report said the new Smith claims narrow and reframe the original claims based on the Supreme Court’s immunity ruling.
“Specifically, the indictment has been changed to remove allegations involving Department of Justice officials and other government officials. It clarifies Trump’s role as candidate, and makes clear the allegations regarding his conversations with then-Vice President Mike Pence in his ceremonial role as president of the Senate,” the ACLJ said.
“The new indictment removes a section of the previous indictment that had accused Trump of trying to wield the Justice Department to undo his 2020 loss. To be clear, a superseding indictment is a brand-new one that overrides the earlier one. And this time, instead of ‘President Trump,’ Smith is going after ‘candidate Trump’ – even though Trump held the office of president at the time in question,” the report said.
But even “more alarming” is the timing.
“A DOJ policy prohibits any legal action against a political candidate just prior to an election. Doing so keeps the justice system from appearing to interfere in an election. The DOJ and Smith point to a ‘policy’ giving a 60-day window before Election Day, and Smith insists his indictment was filed in time. Yet we all know that only about 50% of Americans vote on Election Day. Over 90% of the country – 45 states – have some form of early voting at least 10 days before Election Day,” the ACLJ reported.
The newest Smith tactic “still constitutes a clear case of election interference – and everyone knows it. Some might argue it’s similar to FBI Director James Comey’s interference when he publicly announced that he was reopening the FBI investigation into presidential nominee Hillary Clinton’s emails just days before the 2016 election. Smith’s move here is arguably worse, though, because he’s not merely commenting publicly about an investigation but, instead, actually filing a criminal indictment, apparently attempting to revive a failing criminal prosecution,” the report said.
Jay Sekulow, the chief of the ACLJ, noted, “Let me tell you what this new superseding indictment isn’t. It isn’t any new allegation on anything – zero, nothing. It’s the same allegations as before, recast in a way to try to get around a Supreme Court decision that was a complete defeat for Jack Smith.”
“At the end of the day, Jack Smith is a career political hitman – a destroyer. He’s not the legal genius who will successfully prosecute you and put you away. But he’ll bring the craziest charges against you that sound really bad. Even if he loses in court, he only cares about ruining your reputation,” the legal team explained.
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