Flaw and order: Jack Smith election case hangs on by a thread

[mystery-ak]

Flaw and order: Jack Smith election case hangs on by a thread
By
Ashley Oliver
May 18, 2024 7:00 am

The Department of Justice’s election interference case against Donald Trump is in limbo, but even if it returns to normal proceedings, Jack Smith has an uphill climb to securing a conviction of the former president.

The special counsel, who is leading the prosecution, is at the mercy of the Supreme Court as it weighs two decisions relevant to his indictment. One of the decisions threatens to imperil the case, while the other could result in a small setback for Smith. The high court could hand down these decisions by the end of June.

But the Supreme Court aside, Smith also relies heavily on Trump’s speech as a means to incriminate him, and legal experts say that if the case resumes, Smith faces the difficult challenge of proving to jurors that the speech was not protected by the Constitution.

more
https://www.washingtonexaminer.com/news/justice/3008829/jack-smith-election-case-hangs-by-thread/

[Right_in_Virginia]

Julie Kelly
@julie_kelly2

Spent most of the day at Ft. Pierce federal courthouse to cover two hearings in classified docs case.

Special Counsel team's frustration with Judge Aileen Cannon is really evident.

And it's glorious.

David Harbach, one of Smith's lead prosecutors and usually a cool customer in court, had a series of mini temper tantrums this morning. At times pounding his fist on the podium and clapping his hands in anger to emphasize a point, Harbach was totally unprofessional, demeaning, and petulant.

Cannon asked Harbach to "calm down" during one diatribe about accusations DOJ threatened one of the defense attorneys to get his client to flip on Donald Trump.

He kept trying to argue with her--Cannon also remains measured most of the time and is no fan of antics--and when she asked him a question about an issue, he shot back "that's not the right question."

A few reporters in the media room even gasped.

Harbach is flailing bc his case is imploding.

DOJ never thought their dirty, sloppy, corrupt tricks would see the light of day. Biden regime never thought information such as the FBI's operations order related to MAL raid that included lethal force guidance would ever be made public.

But Cannon is systematically dismantling this case by holding hearings (like today) and ordering the unsealing of key motions and evidence. She is a one-woman wrecking crew and Smith's team knows there is very little they can do about it.

And she is nowhere near finished. Just this week, in addition to the unsealed motions posted yesterday that revealed details about the MAL raid, Cannon ordered the unsealing of several motions filed earlier in the case.

I'm working on a Substack post for the weekend on the nature of the motions today and the proceedings--but suffice to say Jack Smith's team already appears deflated and defeated.


6:52 PM · May 22, 2024

[libertybele]

The fact that the FBI was authorized to use lethal force is extremely concerning and what I have feared for quite sometime. The leftists will use any means necessary to keep Trump from being seated in the WH.

[Smokin Joe]

The fact that the FBI was authorized to use lethal force is extremely concerning and what I have feared for quite sometime. The leftists will use any means necessary to keep Trump from being seated in the WH.

Well they have accused the Right of plotting a coup, and we know how they roll.

[Maj. Bill Martin]

The whole lethal force thing is being wildly overblown.  It is not an authorization to use deadly force.  The document at issue merely restated normal policy regarding the use of deadly force, and is included as a matter of routine with the transmission of those warrants.  It is to remind agents of the restrictions on the use of deadly force so that they don't use it without justification in an arrest.  It's basically just CYA in case something goes wrong.

It does not mean that Trump was targeted for deadly force.

That being said, this whole thing is nothing but a political witch hunt anyway, so I have zero problem with Trump misrepresenting it and trying to get some political mileage out of it in his favor. If that's the way the federal government wants to play it, then turnabout is fair play.