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Jack Smith’s 165-Page Memo Is Textbook Election Interference: A Very Brief Legal Recap

Posted on Thursday, October 3, 2024
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by Paul Ingrassia
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17 Comments
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Jack Smith’s redacted presidential immunity motion is a complete nothing burger. He cites basically no law. To the extent he cites any law, such as recent precedent from the Supreme Court’s Trump decision, he deliberately misinterprets it to accommodate his equally contrived facts, a lazy hodgepodge of cobbled together phone calls and statements in the public domain that Smith blanket rubber stamped as “unofficial” presidential acts. He makes no attempt to distinguish these “unofficial” acts from the “official” ones President Trump allegedly committed, as the law requires, that fall under the immunity doctrine.

The lack of “evidence” here is what makes this 165-page, dross-filled makeshift motion so ridiculous. Smith is prosecuting President Trump for public statements issued in the lead-up and immediate aftermath of the 2020 election, in which President Trump called for – among other things – a winner be declared on Election Day, innocuous audits into fraud and irregularities in the electoral system take place, and for dead people to not vote.  Damning stuff!

The whole thing is a national embarrassment from start to end. As legal analyst and former Assistant Attorney General Jeff Clark noted yesterday on X, the lack of a DOJ designation on the signature page exposes Jack Smith’s hand: this is a witch-hunt against President Trump, plain and simple.

The Democrats and the mainstream media – goaded by a runaway DOJ – distort reality for sheer political gain. Since we are approaching yet another critical election, the omission is an attempt to shield both Biden and Harris from the DOJ and Special Counsel.  By doing so, they believe they can avoid any well-deserved political backlash from the public as a result of their weaponizing the Justice Department against their chief political opponent: Donald Trump.

This is a classic case of election interference and continuation of the never-ending nightmare that has been going on relentlessly over the last four years – and, really, the past nine years now starting with the debunked “Russia collusion” conspiracy theory, and Mueller investigation – which has no place in America.

Congress has a duty to completely defund and shut down Jack Smith’s Office. He had no legal standing to bring these charges in the first place. 

A separate special committee should be formed immediately to investigate him, press charges, and hold him and his handlers accountable for the untold harms they caused to the integrity of our criminal justice system – starting with the election interference committed by Smith, who is following the marching orders of Merrick Garland, Joe Biden, and Kamala Harris, in prosecuting Donald Trump.

Letitia James is the ultimate model for wielding political power as an Attorney General or District Attorney in modern America, from which Republican prosecutors across the country – and in Washington, DC, especially – can learn a great deal! 

It is perfectly reasonable to surmise that she might likely be colluding behind the scenes with federal authorities to build a case against Eric Adams and his cronies that has now been going on for several years.

The driving motive for her is political power.  That’s it.  If Adams is taken out, she automatically is a leading contender to become the next Mayor of NYC, setting herself up for a Senate, Gubernatorial, or even Presidential run down the line.

She wages relentless attacks against her political opponents – starting with Donald Trump, using every public resource available to her to prosecute him on this sole aim.  For her, the health and wellbeing and security of New York is an afterthought.  She is driven by sheer retribution, and she has been immensely successful at it, even though the entire state – and country – has suffered massive consequences for it. 

These include both social costs like skyrocketing homelessness, unmanageable illegal alien crime, unaffordable living standards, and the squalor and urban decay of latter-day New York City. 

They also include massive political costs, such as eroding the integrity and legitimacy of New York’s criminal justice system, creating a portentous model for the rest of the country; as well as interfering with this presidential election.

Even if James – and likeminded lackeys like Alvin Bragg and Judges Engoron, Merchan, and Kaplan – are ultimately unsuccessful in prosecuting Donald Trump, they have already wasted so much time and money on it, which has resulted in untold political and personal injury to President Trump – by pressing these baseless charges against him over multiple years now, that it operatively stands as a victory for her.

The process of weaponizing the justice system, and waging lawfare against political enemies, even if they are ultimately exonerated by an appeals court, is itself the punishment, is itself the victory. 

This presidential election is already irreparably defiled by all the groundless lawfare James – and other prosecutors like Fani Willis and Jack Smith – have waged against Donald Trump throughout just this election cycle. 

What James has done to turn society on its head – and destroying the justice system in the process – is insidious. 

Alas, it speaks to the lengths our political enemies will go to safeguard and expand their power. 

It also demonstrates that this lawfare will not end unless met by an equal and opposite reaction by the Right – that is a law of nature, as true in politics as it is in physics or anywhere else. 

That’s the mentality that MUST drive conservative lawyers, prosecutors, judges, and special counsels going forward if we are going to have any chance of saving justice in America.

Paul Ingrassia, a graduate of Fordham University and Cornell Law School, is an Attorney; Communications Director of the NCLU; a two-time Claremont Fellow, and is on the Board of Advisors of the NYYR Club and the Italian American Civil Rights LeagueHe writes a widely read Substack that is regularly posted on Truth Social by President Trump. Follow Paul on X @PaulIngrassiaSubstackTruth SocialInstagram, and Rumble.

The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.

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PaulE
PaulE
1 month ago

The day after the Vance-Walz debate didn’t go the way the Democrats had planned, we get Jack Smith running out with an absurdly revised document that he claims bypasses everything the Courts have already found to be covered by either presidential immunity or standard attorney client privilege. I’m shocked, SHOCKED…NOT!!! All Jack Smith did was do a quick cut and paste and rephrase his absurd claims slightly differently in the hope no one will notice. What a country we live in today.

The Democrats are not even trying to avoid the obvious appearance of election interference and illegal lawfare in pursuit of trying to ensure Harris-Walz get installed in the White House by any means necessary. Yet once again, everyone just shrugs their collective shoulders and writes it all off as “This is just what Democrats do.”, as if that excuses all their illegal actions. When one of the political parties, that being the Democrats, constantly act like the many authoritarian despots that they actually admire and seek to eventually become, that should set off a big, bright warning light in the minds of most Americans. Yet amazingly half the country is cheering on these socialists and Marxists.

David Millikan
David Millikan
1 month ago

Of course. Would you expect anything less than Election Interference from Communist Smith who was appointed illegally and unconstitutionally under Dictator Beijing biden’s orders?

anna hubert
anna hubert
1 month ago

Desperation at it’s utmost .Like a cornered beast snarling and raging.

DDS
DDS
1 month ago

This is just another ploy by whom ever is pulling the strings which control Kamala. Vitriol is the name of the game. Witness Pit Viper Liz Cheney jumping on the Harris bandwagon. Was it not Liz who prosecuted Trump on live TV? I say that is breaking the law into oblivion since every citizens is to be afforded a trial by a legitimate jury of his peers not a spin show on TV. Liz is most likely hoping to slither back into politics, maybe even Pelosi’s spot.

Bacon Nivison
Bacon Nivison
1 month ago

The demonic rats deliver, once again, thy surest proof that they are working for The Father of Lies!

Robert Zuccaro
Robert Zuccaro
1 month ago

I haven’t missed the irony: Smith accuses Trump of election interference by committing election interference!!! Even Pence says this is BS! The one guy with a reason to see Trump fail! I think Smith saw the writing on the wall: Trump has a very good chance of winning meaning Smith gets fired and all charges get dropped. This is nothing but “about him” desperately trying to affect the outcome…

Cindy
Cindy
1 month ago

Jack Smith is a real POS and should be disbarred

Tim Toroian
Tim Toroian
1 month ago

I’d like to shave Jack’s beard. One hair at a time. With tweezers.

Randall L. Beatty
Randall L. Beatty
1 month ago

This guy will never give up he does not want President Trump to win this election he will do anything to stop him when the Dems cannot win one way they will try anything to stop him.

JML
JML
1 month ago

HE (smith) is the one who belongs in jail!

On October 20, 2016, Lieutenant Governor Kathy Hochul cut the ribbon at the new Taste NY Long Island Welcome Center.
Senate Majority Leader Chuck Schumer (D-NY) gives remarks before President Joe Biden signs the Infrastructure Investment and Jobs Act, Monday, November 15, 2021, on the South Lawn of the White House. (Official White House Photo by Cameron Smith)
Former Arizona Corporation Commissioner Kris Mayes speaking with attendees at an Attorney General candidate forum hosted by the Arizona Chamber of Commerce & Industry at the Arizona Commerce Authority in Phoenix, Arizona.
The Capitol Building in Washington DC with the flag of the United States of America.

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