Tag Archive for: jack smith

Jack Smith Subpoenaed

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The House Judiciary Committee has subpoenaed Jack Smith for all documents and communications from Jack Smith’s tenure as Special Counsel.

He is required to appear for a deposition at the Capitol on December 17.

Jack Smith is a criminal. He should be in prison.

Jack Smith subpoenaed for deposition with House Judiciary Committee

Subpoena includes sweeping demand for all documents and communications from Smith’s time as special counsel

By Ashley Oliver,  Fox News,  December 3, 2025 11:37am EST

House Judiciary Committee wants answers from Jack Smith on Trump prosecutions

House Judiciary Committee Chairman Jim Jordan, R-Ohio, subpoenaed former special counsel Jack Smith on Wednesday for a deposition, escalating Republicans’ investigation into one of President Donald Trump’s top political foes.

Jordan directed Smith to appear before the committee on Dec. 17, according to a copy of the subpoena reviewed by Fox News Digital.

“Due to your service as Special Counsel, the Committee believes that you possess information that is vital to its oversight of this matter,” Jordan wrote in a letter accompanying his request.

The forthcoming deposition, which is set to take place behind closed doors, comes as House and Senate Republicans have zeroed in on Smith’s election-related investigation of Trump, describing it as a scandal that unnecessarily swept up hundreds of Republican lawmakers, GOP entities, Trump allies and media outlets as part of the probe.

Smith has repeatedly stood by his work as special counsel, which eventually involved bringing two sets of criminal charges against Trump over the 2020 election and over alleged retention of classified documents. Smith dropped both cases after Trump won the 2024 election, citing a Department of Justice policy that discourages prosecuting sitting presidents.

Smith has already offered to publicly testify before the House and Senate Judiciary Committees, but a source familiar with Jordan’s request said a deposition is the chairman’s preferred format because each party on the committee can question Smith for an hour at a time and build a better record. In a public hearing, lawmakers typically question a witness in five-minute intervals.

Peter Koski, an attorney for Smith, responded to the subpoena in a statement provided to Fox News Digital and reiterated that Smith offered six weeks ago to appear voluntarily in a public hearing setting.

“We are disappointed that offer was rejected, and that the American people will be denied the opportunity to hear directly from Jack on these topics,” Koski said. “Jack looks forward to meeting with the committee later this month to discuss his work and clarify the various misconceptions about his investigation.”

Jordan’s subpoena also included a sweeping demand for all documents and communications related to Smith’s time as special counsel, a request that comes after the DOJ told Smith’s lawyers in a letter on Nov. 12, reviewed by Fox News Digital, that it would make a “unique” accommodation to Congress by authorizing Smith to “provide unrestricted testimony to the Committee, irrespective of potential privilege.”

In a statement, committee ranking member Rep. Jamie Raskin, D-Md., blasted Jordan for opting for a closed-door meeting with Smith, saying Republicans will “spin, distort, and cherry-pick his remarks through press leaks.”

“The American people deserve to hear the full unvarnished truth about Special Counsel Smith’s years-long effort to investigate and prosecute the crimes committed by Donald Trump and his co-conspirators,” Raskin said.

Read more.

AUTHOR

Pamela Geller

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Downfall of Merrick Garland, Christopher Wray and Jack Smith

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The battle for America’s soul rages on, and the enemy lurks within. On this day, October 24, 2025, the truth explodes like a thunderclap: Merrick Garland and Christopher Wray, the architects of tyranny, have rubber-stamped a sinister operation dubbed “Arctic Frost.” This vile scheme unleashed Jack Smith’s FBI strike force to spy on over 100 Republican-linked groups, targeting senators, donors, and patriots with ruthless precision. The weaponization of government against its own people stands exposed, and the time to strike back is now!

Garland, Wray, and Smith form a treacherous triad, orchestrating a full-scale assault on the Constitution. Documents unearthed by relentless oversight confirm their signatures on the April 4, 2022, authorization that birthed this abomination. Arctic Frost wasn’t a mere investigation — it was a war machine, designed to crush dissent and silence the Republican voice. The FBI’s Washington Field Office demanded this power, claiming an “apparent effort to obstruct Congress’ certification of the Electoral College.” Lies! This was a fabricated pretext to unleash a dragnet that snared nine congressional Republicans, including Marsha Blackburn, Lindsey Graham, Tommy Tuberville, and others, seizing their phone records from January 4-7, 2021.

The toll analysis of these calls — a blatant invasion of privacy — exposed who these leaders contacted during the Capitol riot’s chaos. No legal justification exists for this outrage. The Biden DOJ’s subpoenas to telecommunications giants in 2023 ripped apart the Fourth Amendment, granting Smith’s team access to call times, recipients, durations, and locations. This wasn’t justice — it was a witch hunt, a calculated strike to paralyze Trump’s allies and dismantle the Republican apparatus. Over 92 GOP-aligned groups, including Turning Point USA, faced this relentless barrage, their livelihoods and freedoms torched by partisan zealots.

Jack Smith, the disgraced special counsel, spearheaded this treasonous campaign. His indictment of Trump for challenging the 2020 election results relied on Arctic Frost’s tainted fruits. But the scope stretched far beyond Trump — senators like Ron Johnson, Bill Hagerty, Josh Hawley, and Cynthia Lummis saw their communications plundered. This wasn’t about electoral integrity; it was a vendetta, a purge of every patriot daring to oppose Biden’s regime. The Grassley docs scream the truth: federal law enforcement treated congressional oversight as enemy combatants, a declaration of war on American democracy.

The Biden White House orchestrated this conspiracy. High-level coordination with Smith’s team reeks of corruption, with Garland and Monaco’s scrawled approvals sealing the deal. Wray, resigning as Trump reclaimed the presidency, left a legacy of betrayal. These officials aren’t novices — they’re seasoned operatives, wielding the FBI and DOJ like battering rams against the Republic. The “Arctic Frost” memo, penned by Wray and signed by Garland on April 5, 2022, demanded immediate action, a thunderous green light for tyranny.

This scandal dwarfs Watergate. The FBI’s SIM (Sensitive Investigative Matter) protocols demanded Garland and Wray’s knowledge, yet they shielded the perpetrators. Redacted names of supervisory agents hide the full extent of this rot, but the pattern is clear: a systemic corruption that shields saboteurs while persecuting opponents. Whistleblowers reveal Smith expanded his probe to include Turning Point USA and Jeffrey Clark, proving Arctic Frost aimed to obliterate the entire Republican movement.

The evidence demands retribution. Pam Bondi’s investigation must prosecute every complicit Biden-era official, starting with Wray’s CAST team. The Fourth Amendment Restoration Act, championed by Congressman Andy Biggs, must shatter FISA’s surveillance framework that enabled this abuse. Repeal FISA now! Jail the conspirators! Restore accountability with the force of a thousand storms!

Blackburn’s voice roars the charge: Smith spied on duly elected senators, a crime warranting disbarment. The lack of legal predicate for these subpoenas exposes the DOJ’s lawlessness. Trump himself declared this a weaponization against his opponents, and the proof stands unassailable. The Grassley files, released with unrelenting fury, detail a probe “much broader than just an electoral matter,” a partisan crusade to crush the GOP’s soul.

America faces a crossroads. The enemy within – Garland, Wray, Smith, and their Biden masters — has declared war on liberty. Their tools of oppression must be dismantled, their leaders held accountable. The people demand a Nuremberg-style reckoning, a public trial to expose every traitor. Thousands participated in this treason, and none shall escape justice. The Constitution stands as our shield, and with it, we will crush this assault.

Rise up, patriots! The thunder of our resolve must shake the halls of power. The reign of terror ends today. With every document, every revelation, we forge a weapon of truth. Garland, Wray, and Smith will answer for their crimes. The Republic will endure, stronger than ever, as we purge this corruption from our land. The fight is on — victory is non-negotiable!

©2025 . All rights reserved.

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Biden’s ‘Enemies List’: Senators Say Jack Smith Investigation Targeted ‘Entire’ Republican Apparatus

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Senate Judiciary Chair Chuck Grassley released on Wednesday 197 subpoenas issued by former special counsel Jack Smith’s team, which Grassley said shows an effort to “investigate the entire Republican political apparatus.”

Subpoenas named at least 430 Republican entities and individuals, seeking testimony, documents and communication records, according to Grassley’s office.

“Arctic Frost was the vehicle by which partisan FBI agents and DOJ prosecutors could improperly investigate the entire Republican political apparatus,” Grassley said during a press conference Wednesday. “Contrary to what Smith has said publicly, this was clearly a fishing expedition.”

Smith issued the subpoenas as part of his 2020 election interference case against President Donald Trump, which was dropped along with the classified documents case when Trump won the election.

Republican Wisconsin Sen. Ron Johnson said the subpoenas, which Grassley’s office released here, show “nothing short of a Biden administration enemies list.”

Johnson noted the records were obtained through a whistleblower, not the agency, urging more whistleblowers to come forward. FBI Director Kash Patel and Attorney General Pam Bondi are “overwhelmed by all the messes they’re trying to clean up” and short-staffed, Johnson said.

“I don’t think they have control,” Johnson said of Bondi and Patel. “I think they’re being sabotaged within.”

Information requested from individuals who faced subpoenas included communications with “any member, employee or agent of the Legislative Branch of the U.S. Government,” as well as with media companies and White House advisors.

“These thugs should all be investigated and put in prison,” Trump wrote on Truth Social after the press conference. “A disgrace to humanity. Deranged Jack Smith is a criminal!!!”

Republican Missouri Sen. Eric Schmitt said he couldn’t think of “a bigger political scandal in the last 100 years.” Republican Tennessee Sen. Marsha Blackburn called it “worse than Watergate.”

Grassley previously revealed that cell phone records from nine Republican Members of Congress were subpoenaed as part of Smith’s investigation.

AUTHOR

Katelynn Richardson

Investigative Reporter

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EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Trump’s Legal Problems Evaporate As Americans Send Him Back To The White House

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Twelve jurors in the Democratic stronghold of Manhattan may have convicted President-elect Donald Trump earlier this year, but a jury of nearly 72 million Americans voted Nov. 5 to send him back to the White House.

With the presidency secured, Trump’s two federal cases will be dropped and his state cases most likely will be too, though there’s a possibility ambitious local prosecutors could prolong the battle. Yet Trump’s risk of ending up behind bars has evaporated, even as a sentencing date remains on the calendar later this month.

“I highly doubt Judge Juan Merchan was going to sentence Trump to a period of incarceration regardless of the outcome  of the election, but Trump winning makes it logistically impossible and a certainty that he won’t receive any time,” former federal prosecutor Neama Rahmani told the Daily Caller News Foundation.

Merchan, who set a Nov. 26 sentencing date for the case brought by Democratic Manhattan District Attorney Alvin Bragg, is still weighing Trump’s motion to dismiss the case based on presidential immunity.

Even if he issues a prison sentence, there’s no way Trump could serve time because “a state cannot interfere with a President’s ability to do his job, which he could not do from prison, and the Secret Service would not be able to guarantee his safety,” John Malcolm, vice president for the Heritage Foundation’s Institute for Constitutional Government and former deputy assistant attorney general in the DOJ’s Criminal Division, told the DCNF.

Trump’s sentencing was initially scheduled for just days before the Republican National Convention in July. The Supreme Court’s presidential immunity ruling prompted months of delays.

Rahmani said Merchan doesn’t “have the stomach to imprison a former president or president-elect,” pointing to his decision not to confine Trump after he found him in violation of the gag order ten times.

“Nor would it be appropriate for a defendant with no criminal history convicted of Class E felonies (the least serious under New York law),” Rahmani said.

Jack Smith, You’re Fired

After inauguration, it’s game over for special counsel Jack Smith, who Trump has said he will fire “within two seconds” of taking office.

The Department of Justice is already considering how to “wind down” Trump’s federal election interference case and classified documents case, realizing there is no chance of holding a trial in either one, NBC News reported Wednesday afternoon. The special counsel’s office declined to provide further comment to the DCNF.

DOJ policy states that the “indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”

Smith aggressively pursued the case in the final weeks before the election, pushing Judge Tanya Chutkan to allow him to publicly file a motion detailing his evidence against Trump. Trump’s attorneys repeatedly slammed Smith’s moves as election interference.

Smith also persisted after the federal judge overseeing the classified documents case found his appointment unconstitutional, appealing her ruling to the 11th Circuit. Even after Trump narrowly avoided an assassination attempt in July, the DOJ continued pursuing the cases.

Still, nearly two years of litigation initiated by Smith and others — which spawned four criminal indictments, civil lawsuits, a mug shot and a drawn out criminal trial resulting in a felony conviction — did not prevent Trump from becoming the 47th president of the United States.

“Smith does arguably have the authority to try to continue to prosecute until the inauguration, but that could cause President Biden and the Dems more criticism than benefit since there’s no way they could actually get to trial before then,” former federal prosecutor Andrew Cherkasky told the DCNF.

‘Cannot Be Pursued’

Trump’s other state-level cases likely will disappear along with the federal indictments, legal experts told the DCNF. “Now that Trump has won, his criminal problems go away,” Rahmani said. “It’s well established that a sitting president can’t be prosecuted.”

Cherkasky noted the Supreme Court “has essentially ruled that state legal proceedings cannot be pursued while a person is President, so that would effectively pause those cases, but not end them entirely.”

Fulton County District Attorney Fani Willis’ case against Trump is expected to collapse.

Willis, who won reelection Tuesday night against her Republican challenger, still faces disqualification as a state appeals court weighs defendants’ arguments. Her relationship with the special prosecutor she appointed, Nathan Wade, derailed the case in January.

Willis’ office did not immediately respond to the DCNF’s question about her plans.

“At the very least, if the case is not dismissed, it will be held in abeyance until Trump completes his term, although it might proceed against the other defendants,” Malcolm said.

Rahmani suggested waiting four years to continue the prosecution “would not be an option” because of Trump’s right to a speedy trial.

As for Trump’s civil fraud case brought by Democratic New York Attorney General Letitia James, judges who heard his appeal in September appeared inclined to reverse the over $450 million judgement against him.

“I think there are good odds that the appellate court will reverse some or all of that case which would return the case back down to the trial court. If that happens, there will not be enough time to retry that case before inauguration,” Cherkasky said. “Trump’s civil sexual misconduct case is also on appeal and faces many strong appellate issues. There is no reasonable likelihood that there will be final resolution of that case ahead of inauguration.”

Responding to the election results, James said Wednesday her office is “prepared to fight back once again” using the “rule of law.”

Cherkasky argued Trump is “not completely out of the woods yet.”

“A traditional view of the DOJ’s policies and prior SCOTUS rulings suggest none of these cases can proceed once Trump is in office, however, any of the aggressive opposing attorneys involved could try to press their case past inauguration which would require the Supreme Court to draw a more definitive line in the sand about what types of litigation are permitted against a sitting president,” he said.

AUTHOR

Katelynn Richardson

Contributor.

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EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Jack Smith Files Superseding Indictment Against Trump In 2020 Election Case

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A grand jury returned a superseding indictment Tuesday in former President Donald Trump’s 2020 election interference case.

The new indictment, which includes the same four charges as the original, was filed in response to the Supreme Court’s July ruling finding presidents have immunity from prosecution for official acts taken in office, according to prosecutors. Trimmed down from 45 pages to 36, the updated indictment omits allegations related to Trump’s “attempt to leverage the Justice Department” and updates language in some sections to emphasize he was acting outside his official duties.

“The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions in Trump v. United States,” special counsel Jack Smith wrote in a notice.

Chief Justice John Roberts wrote in the Supreme Court’s decision that Trump is “absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials,” though he noted other allegations “present more difficult questions.”

One new line added in the superseding indictment states that “the Defendant had no official responsibilities related to the convening of legitimate electors or their signing and mailing of their certificates of vote.”

Another portion of the indictment adds language that appears targeted to address issues that could arise from another Supreme Court ruling on the obstruction statute behind two of Smith’s charges. The Supreme Court held in Fischer v. United States that the DOJ interpreted the statute used to charge hundreds of Jan. 6 defendants too broadly, finding a defendant must have actually attempted to impair the availability of physical evidence.

“At approximately 2:20 p.m., the official proceeding having been interrupted, staffers evacuating from the Senate carried with them the legitimate electors’ certificates of vote and their governors’ certificates of ascertainment,” the updated indictment notes in its description of Trump’s “exploitation of the violence and chaos at the Capitol.”

The indictment’s charges include one count of conspiracy to defraud the United States, one count of conspiracy to obstruct an official proceeding, one count of obstruction of and attempt to obstruct an official proceeding, along with one count of conspiracy against rights. Trump was first indicted on the same four counts in August 2023.

Earlier this month, Smith asked Judge Tanya Chutkan to briefly delay the case, explaining the government was still assessing the impact of the Supreme Court’s ruling. Chutkan agreed to push back a hearing set for Aug. 16 to Sept. 5 and adjust deadlines for both parties to file proposed pre-trial schedules.

Trump wrote on Truth Social that the decision was “shocking” and an effort to “interfere with the election.”

“I’ve also been informed by my attorneys, that you’re not even allowed to bring cases literally right before an Election – A direct assault on Democracy!” he wrote.

“This travesty is now on Comrade Kamala Harris, who is actively pushing it, rather than immediately calling for its dismissal, as should be done,” Trump posted on Truth Social. “This is for Third World Countries and Banana Republics, not for the U.S.A.!”

AUTHOR

Katelynn Richardson

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EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Supreme Court Takes Up Trump Presidential Immunity Appeal

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The Supreme Court agreed Wednesday to take up former President Donald Trump’s presidential immunity appeal.

The decision to hear Trump’s appeal means the trial in his election interference case in the lower court will remain on hold. The justices scheduled oral arguments for the week of April 22, 2024.

“The Special Counsel’s request to treat the stay application as a petition for a writ of certiorari is granted, and that petition is granted limited to the following question: Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office,” the order states. “Without expressing a view on the merits, this Court directs the Court of Appeals to continue withholding issuance of the mandate until the sending down of the judgment of this Court.”

The D.C. Circuit Court of Appeals found early February that Trump was not immune from prosecution in his election interference case brought by special counsel Jack Smith. Trump asked the Supreme Court earlier this month to stay the D.C. Circuit Court of Appeals decision.

Smith responded by telling the justices further delay in Trump’s trial violates the public interest in a “speedy and fair verdict.” The case is on hold in the lower court pending the resolution of Trump’s appeal.

The presidential immunity appeal marks the second time this year that the Supreme Court agreed to consider a high-profile issue involving the former president. The justices considered Trump’s eligibility for the 2024 ballot under the 14th Amendment on Feb. 8 after the former president appealed a Colorado ruling disqualifying him from the ballot.

In April, the justices will also hear a case considering the scope of an obstruction statute used to charge hundreds of Jan. 6 defendants, which is also connected to two of the four charges in Trump’s indictment.

AUTHOR

KATELYNN RICHARDSON

Contributor.

RELATED ARTICLE: Nearly Every Supreme Court Justice Seems To Have Doubts About Kicking Trump Off The Ballot

EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Federal Judges Slam Colleagues For Not Considering Trump’s ‘Executive Privilege’ In Twitter Search Warrant

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Four judges on the D.C. Circuit Court of Appeals rebuked their colleagues Tuesday for rubber-stamping special counsel Jack Smith’s request to search former President Donald Trump’s Twitter account.

Smith obtained a search warrant in January 2023 granting him access to a wide range of data from Trump’s Twitter account, such as draft tweets and direct messages, along with a nondisclosure order barring Twitter from informing the former president. The full D.C. Circuit Court of Appeals declined Tuesday to rehear en banc Twitter’s appeal of a panel decision upholding the nondisclosure order, which Judge Naomi Rao, a Trump appointee, wrote in a statement Tuesday joined by three other judges that the court “should not have endorsed.”

“The Special Counsel’s approach obscured and bypassed any assertion of executive privilege and dodged the careful balance Congress struck in the Presidential Records Act,” Rao wrote. “The district court and this court permitted this arrangement without any consideration of the consequential executive privilege issues raised by this unprecedented search.”

Judges Karen Henderson, a George H. W. Bush appointee, along with Trump-appointed Judges Gregory Katsas and Justin Walker joined Rao’s statement.

“The district court afforded no opportunity for the former President to invoke executive privilege before disclosure, and this court made no mention of the privilege concerns entangled in a third-party search of a President’s social media account,” Rao wrote. “This approach directly contravenes the principles and procedures long used to adjudicate claims of executive privilege.”

District Court Judge Beryl Howell first approved the warrant in a decision a three-judge panel of the D.C. Circuit, which included Obama-appointed Judge Cornelia Pillard and Biden-appointed Judges Michelle Childs and Florence Pan, later affirmed on appeal.

AUTHOR

KATELYNN RICHARDSON

Contributor.

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EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Trump Moves To Hold Jack Smith In Contempt Of Court

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Former President Donald Trump suggested Thursday that the district court hold special counsel Jack Smith and other prosecutors in contempt for violating its order, arguing that Smith is using the docket as an “arm of the Biden Campaign.”

District Court Judge Tanya Chutkan paused proceedings in the former president’s 2020 election case Dec. 13, pending the appeal of her decision not to dismiss his case based on presidential immunity. Yet Smith has continued to file documents on the suspended deadlines, which Trump’s lawyers alleged in a 15-page filing violates the court’s “clear, straightforward, and unambiguous” stay order.

“In this manner, the prosecutors seek to weaponize the Stay to spread political propaganda, knowing that President Trump would not fully respond because the Court relieved him of the burdens of litigation during the Stay,” they wrote. “Worse, the prosecutors have announced their intention to continue this partisan-driven misconduct indefinitely, effectively converting this Court’s docket into an arm of the Biden Campaign.”

Trump’s lawyers asked the court Thursday to issue an order requiring prosecutors to show why they should not be held in contempt and be required to withdraw their filings, as well as provide “monetary sanctions in the amount of President Trump’s reasonable attorneys’ fees and expenses incurred in responding to the prosecutors’ improper productions.”

Prosecutors filed 4,000 pages of “additional discovery” on Dec. 17 and an “exhibit list” on Dec. 18, Trump’s lawyers noted. In a filing, prosecutors explained that they took their actions “to help ensure that trial proceeds promptly if and when the mandate returns.”

“President Trump has filed a powerhouse motion to hold Crooked Joe Biden’s henchman, Deranged Jack Smith in contempt of Court for repeatedly violating the stay order in the Washington DC J6 Witch Hunt,” Trump spokesperson Steven Cheung said in a statement. “Smith was ordered to not take any further action in the trial court until the Presidential Immunity issue is resolved, which should be a full dismissal of this ‘case’ because President Trump was carrying out his duty as President to investigate the Rigged and Stolen 2020 Presidential Election…No prosecutor is above the law.”

Smith has continually pushed to rush the timeline in order to maintain the scheduled March 4 trial date, which Trump’s immunity appeal threw into jeopardy. The Supreme Court shot down on Dec. 22 his request for it to consider the immunity question before the lower court could consider the question.

“Unstated, but obvious, is the prosecutors’ desperate effort to harass President Trump and prevent his likely victory in the 2024 Presidential Election,” Trump’s lawyers wrote Thursday.

The D.C. Circuit Court of Appeals will hold oral arguments to consider Trump’s appeal Jan. 9.

AUTHOR

KATELYNN RICHARDSON

Contributor.

RELATED ARTICLE: Appeals Court Hints It May Consider Constitutional Questions About Jack Smith’s Appointment

EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Supreme Court Hands Jack Smith A Major Defeat In Trump 2020 Election Case

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The Supreme Court declined special counsel Jack Smith’s request Friday for it to quickly consider a key question in former President Donald Trump’s election interference case without letting the lower court weigh in first.

Smith asked the justices last week to hear former President Donald Trump’s bid to have his election interference case dismissed based on presidential immunity without allowing the D.C. Circuit Court of Appeals to first consider the issue. In an unsigned order Friday, the justices shot down his request.

District Judge Tanya Chutkan declined to dismiss Trump’s case Dec. 1 in a decision that said the presidency “does not confer a lifelong ‘get-out-of-jail-free’ pass.” Trump then appealed her decision to the D.C. Circuit.

The Supreme Court’s decision puts an obstacle in the way of Smith, who has been making every effort to salvage Trump’s scheduled March 4 trial date. Chutkan paused proceedings in Trump’s case pending his appeal of the immunity question.

Trump’s attorneys told the justices in a filing Wednesday that they should reject Smith’s request, which they alleged had a “partisan motivation,” and to not “rush to decide the issues with reckless abandon.”

“This Court’s ordinary review procedures will allow the D.C. Circuit to address this appeal in the first instance, thus granting this Court the benefit of an appellate court’s prior consideration of these historic topics and performing the traditional winnowing function that this Court has long preferred,” Trump’s lawyers wrote Wednesday.

His lawyers said Smith “confuses the public interest with a partisan interest of his superior, President Biden.”

“Further, the Special Counsel’s insistence that this Court decide the immunity question ‘during its current Term,’ reflects the evident desire to schedule President Trump’s potential trial during the summer of 2024— at the height of the election season,” they wrote.

Oral arguments at the D.C. Circuit are scheduled for Jan. 9, 2024. The question will likely come back to the Supreme Court after the appeals court issues a ruling.

AUTHOR

KATELYNN RICHARDSON

Contributor.

RELATED ARTICLE: Trump Urges SCOTUS To Decline Jack Smith’s ‘Partisan’ Bid To Rush Judgement On Key Election Interference Case Question

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Judge Hands Trump Major Victory In 2020 Election Case

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Obama-appointed District Judge Tanya Chutkan paused former President Donald Trump’s 2020 election trial schedule while the appeal for his presidential immunity claim is pending.

In early December, Chutkan rejected Trump’s bid to have his case dismissed based on presidential immunity, prompting Trump to appeal to the D.C. Circuit Court of Appeals. Chutkan agreed Wednesday to pause pre-trial deadlines and further proceedings pending the appeals court’s decision.

The pause could throw Special Counsel Jack Smith’s targeted March 4 trial date into jeopardy and increase the chance that the former president is not put on trial until after the November 2024 presidential election.

“[T]he court agrees with both parties that Defendant’s appeal automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant,” Chutkan wrote Wednesday.

Smith asked the Supreme Court to take up the presidential immunity question Monday before the D.C. Circuit reaches a decision. The Supreme Court agreed to expedite its consideration of his petition, asking Trump’s attorneys to weigh in by Dec. 20.

Chutkan said she would re-consider whether to maintain the March 4 trial date after the appeal is resolved. She noted that the pause does not strip her of jurisdiction to “enforce the measures it has already imposed to safeguard the integrity of these proceedings,” including the gag order imposed on the former president.

“If jurisdiction is returned to this court, it will—consistent with its duty to ensure both a speedy trial and fairness for all parties—consider at that time whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4, 2024,” Chutkan wrote.

Trump spokesperson Steven Cheung called Chutkan’s decision to stay proceedings in the case a “big win” for the former president.

“This is a big win for President Trump and our rule of law, as it derails Deranged Jack Smith’s rush to judgment strategy of interfering in the 2024 Presidential Election in support of Joe Biden’s campaign,” Cheung said. “They waited almost three years to bring this hoax ‘case’ and are now desperately trying, and failing, to rush it because they know President Trump is dominating the election.”

AUTHOR

KATELYNN RICHARDSON

Contributor

RELATED ARTICLE: The Supreme Court Just Threw A Wrench Into Jack Smith’s 2024 Plans

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EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Trump Lawyer Says He’ll Use ‘Very Simple’ Strategy Of Pointing Out Jack Smith ‘Has The Entire Law … Wrong’

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An attorney for former President Donald Trump said Thursday that Trump’s defense will use a “very simple” strategy should charges over the 2020 election be brought to trial.

Trump pleaded not guilty to all charges during his Thursday arraignment after Special Counsel Jack Smith secured a four-count indictment of Trump relating to his efforts to contest the results of the 2020 election. Smith previously secured a 37-count indictment against Trump in June based on an investigation into allegations surrounding classified documents.

“The legal strategy in this case I think is very simple: You attack the facts that Jack Smith put out that are wrong for instance, Jack Smith claiming, as you already pointed out, that Donald Trump did anything other than call for peace and patriotism on January 6th is wrong,” attorney Jesse Binnall told Fox News host Jesse Watters Thursday evening. “And then you attack the law, because Jack Smith has the entire law in this case wrong, and more importantly, he is ignoring the Constitution of the United States.”

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“Here is how: The First Amendment gives you the right to speech, something that Jack Smith’s prosecutors are completely ignoring, but more than that, it also gives you the right to petition Congress for redress of grievances,” Binnall continued. “And in this case, when you are saying there was fraud in the election, there are problems in the election and we think you should seat electors X, instead of electors Y, that’s why the first petition clause clearly protects.”

Legal experts noted that much of the conduct Smith claimed was criminal in the indictment appeared to be protected by the First Amendment. Harvard University law professor Alan Dershowitz said that the indictment not only attacked the First Amendment, but also Trump’s Sixth Amendment right to counsel.

“Jack Smith is terrified that Donald Trump is going to be elected again because Jack Smith is actually the one terrified of democracy because democracy would bring accountability for him and quite honestly his out-of-control prosecutors in an out of control Justice Department,” Binnall added.

Trump’s top rivals for the Republican nomination for president in 2024, Republican Gov. Ron DeSantis of Florida, Republican Sen. Tim Scott of South Carolina and businessman Vivek Ramaswamy, all condemned the indictment.

AUTHOR

HAROLD HUTCHISON

Reporter.

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EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.