Jack Smith got caught breaking one rule that could torpedo his case against Donald Trump

Feb 20, 2024

Jack Smith has a reputation as a rogue prosecutor who pursues unconstitutional and politically-motivated investigations into Republicans.

But this time Smith went too far.

And now Jack Smith got caught breaking one rule that could torpedo his case against Donald Trump.

Former Bush administration official Jack Goldsmith is no fan of Donald Trump.

Goldsmith is one of the leading Never-Trumpers in the legal community.

But even Goldsmith recognizes that Smith’s rush to try Donald Trump before the election is unfair, violates his Constitutional right to prepare an adequate legal defense, and runs afoul of Justice Department guidelines that prevent prosecutors from meddling in elections.

If this were any other defendant than Donald Trump, the rush to trial—which cannot possibly give the Trump legal team adequate time to prepare its defense—would be deemed wildly unfair,” Goldsmith wrote.

Goldsmith also argued that trying Donald Trump before the election violates Section 9-85.500 of the Justice Department’s Justice Manual.

Section 9-85.500 reads:

Federal prosecutors and agents may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party. Such a purpose is inconsistent with the Department’s mission and with the Principles of Federal Prosecution. See § 9-27.260. Any action likely to raise an issue or the perception of an issue under this provision requires consultation with the Public Integrity Section, and such action shall not be taken if the Public Integrity Section advises that further consultation is required with the Deputy Attorney General or Attorney General.

Even left-wing legal analysts like CNN’s Elie Honig – who served as a former federal prosecutor – wrote that Smith’s claims for the necessity of a speedy trial – i.e. winning a conviction before Election Day – are obviously intended to interfere in the 2024 election.

“Don’t prosecutors defy [Section 9-85.500] if they’re concerned about what voters know about a candidate, and when and how that might influence their votes? God knows, prosecutors have almost unimaginable power as is, even when they stay in their lane. Who appointed Jack Smith ruler of what American voters must know before they head to the polls?” Honig wrote in a January 19 article for New York Magazine.

Jack Smith keeps saying a speedy trial is in the “public’s interest.”

But the only interest in a speedy trial resides with Democrats because polls show a criminal conviction against Donald Trump would swing the election for Joe Biden.

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