Special Counsel Jack Smith seems to be enjoying his role as the main antagonist in the ongoing drama known as Trump vs. The Establishment, particularly as he moves to quash former President Donald Trump’s efforts to dismiss the federal election fraud case against him. Smith recently told a federal judge that Trump’s legal arguments are not just late to the party, but possibly show up wearing the wrong costume. The special counsel insists that Trump’s team didn’t raise the standing issue in a timely manner and that he is fully within his rights to prosecute based on what the D.C. Circuit Court has laid out. Apparently, laws aren’t meant to be broken – unless you’re a special counsel, that is.
Smith’s assertion of authority stems from a federal law allowing the attorney general to appoint a special counsel. His confident plea to the court reads more like a high school debate than a serious legal argument. He argues that Trump’s attempts to dismiss the case are not just ill-timed but also completely without merit. For those keeping track, this is the legal equivalent of standing on the table in a crowded restaurant and proclaiming, “I’m the boss!” Spoiler alert: just because someone yells it loudly doesn’t mean it’s true.
Special counsel Jack Smith urges judge not to dismiss Trump's federal election fraud prosecution – https://t.co/Ao90soFZ1q – @washtimes
— Alex Swoyer (@ASwoyer) November 1, 2024
Last week, Trump’s legal team appealed to Judge Tanya Chutkan, a judge with an Obama stamp of approval, to throw out the case based on comments made by Supreme Court Justice Clarence Thomas. The argument hinges on whether Trump’s appointed special counsel, who is a verification-less private citizen, was brought in under lawful proceedings. Specifically, they’re referencing past rulings from Trump’s own judges, which makes one wonder if Smith’s really mixing in the right circles.
The Trump filing lays out a compelling narrative, claiming Attorney General Merrick Garland violated the Appointments Clause by bringing Smith into the mix while Trump was trying to reclaim the White House. According to Trump’s team, this isn’t just a game of legal chicken – it’s a coordinated effort led by the sitting president to “lock him up” as the election season looms. This scenario might sound more like the plot of a cheesy political thriller than reality, but sometimes truth is stranger than fiction.
Conservative legal experts are scratching their heads over Smith’s appointment, questioning whether or not Garland had the constitutional authority to place a private citizen into such a high-stakes position. Smith might have played a U.S. Attorney on TV, but his European residency at the time of his appointment raises questions about whether he should have even been on the audition list. While the special counsel keeps pressing on, the American people can only sit back and enjoy the absurdity of it all, wondering if the next episode of this courtroom saga will involve a surprise cameo from the founding fathers themselves.