Biden’s corrupt Justice Department will continue to pursue the two lawfare cases against Trump past election day if Trump wins.
According to a leak to The Washington Post, Special Counsel Jack Smith will continue to file motions and possibly conduct a trial after Election Day if Trump wins in a race against the clock before Inauguration Day.
The Justice Department cannot charge a sitting president so they want to ‘get Trump’ before he is sworn in on January 20, 2025.
“Justice Department officials plan to pursue the criminal cases against Donald Trump past Election Day even if he wins, under the belief that department rules against charging or prosecuting a sitting president would not kick in until Inauguration Day in January, according to people familiar with the discussions” – WaPo reported.
“Current officials, speaking on the condition of anonymity, expressed the same sentiment — that if Trump wins the election, the clock on the two federal cases against him would keep ticking until Jan. 20, when he would be sworn in as the 47th president.” – The Washington Post reported.
Jack Smith’s cases against Trump got torpedoed following two landmark decisions by the Supreme Court.
The US Supreme Court last Friday delivered a devastating blow to Biden’s corrupt Justice Department and overturned the obstruction charge used to jail hundreds of January 6 defendants.
Biden’s corrupt DOJ charged more than 300 J6ers with 18 USC §1512(c)(2). Additionally, two of the four charges against Trump in Jack Smith’s DC case are conspiracy to obstruct so the Supreme Court’s ruling on Friday torpedoed the special counsel’s case against Trump as well.
The Supreme Court earlier this year heard oral arguments in Fischer v. United States and at issue was statute 18 USC §1512(c)(2):
Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
Jack Smith’s indictment against Trump holds up after the Supreme Court overturned the obstruction charge.
Additionally, the US Supreme Court on Monday ruled 6-3 that Trump has absolute immunity for his core Constitutional powers.
Former presidents are entitled to at least a presumption of immunity for their official acts, according to the high court.
Jack Smith’s DC case against Trump will be delayed again as it bounces back down to the lower court to Judge Tanya Chutkan.
Supreme Court Justice Clarence Thomas also questioned Jack Smith’s authority as special counsel in his concurring opinion on the high court’s presidential immunity ruling.
Clarence Thomas questioned Jack Smith’s authority because he was a private citizen when he was tapped as a special prosecutor.
Justice Thomas also argued that Jack Smith is not senate confirmed. This is significant because Trump’s lawyers are also using this argument before Judge Cannon in a motion to dismiss Jack Smith’s classified documents case.
Judge Aileen Cannon indefinitely postponed the classified documents trial after the special counsel admitted to evidence tampering.