Jack Smith Clears a Path for Trump

The Biden-Harris Department of Justice is again blatantly interfering in the 2024 presidential election. Last week, we told you about Special Counsel Jack Smith’s latest move to bring unseen evidence against President Trump in his superseding indictment of the former President. And now, just 33 days until Election Day, a federal judge unsealed the evidence.

In the brief, Smith details many of the charges he’d like to bring against Trump. He highlights that several of Trump’s closest advisors criticized the President’s claims of the 2020 election being stolen. In particular, Smith details multiple interactions between Trump and Pence in the final days of his presidency.

All these accounts allegedly prove that Trump tried to overturn the 2020 election. Yet much of it is nothing more than hearsay. In continuing to prosecute Trump with such weak evidence, Smith could have inadvertently given Trump a clear path to the White House.

Let’s recap how we got here again. Typically, Smith’s history involves getting people brought up on ridiculous charges and dragging them into court – only to lose on appeal. We’ve repeatedly seen this in Smith’s numerous attempts to take down Trump over the past year.

For instance, a federal court already declared that Smith was unconstitutionally appointed by the Biden-Harris DOJ. According to the Appointments Clause of the U.S. Constitution, federal officers (in this case, a Special Counsel) must be appointed by a President and confirmed by the Senate. Of course, Smith failed on both counts, prompting Judge Aileen Cannon to dismiss Smith’s classified documents case against Trump.

Also, the U.S. Supreme Court rejected Smith’s initial Jan. 6 federal election interference case (in which the Justices agreed with the ACLJ’s amicus brief that Presidents are afforded presidential immunity for “official acts” while in office). So Smith returned with the superseding indictment, which basically had the same charges against “candidate Trump” rather than “President Trump.”

My dad, ACLJ Chief Counsel Jay Sekulow, read Smith’s latest 165-page brief from cover to cover last night. He condemned Smith’s clear attempt to interfere in the 2024 presidential election:

[Smith’s filing] is unprecedented . . . because you have a Department of Justice policy that says within 60–90 days of a general election or even election, generally, you don’t try to put your thumb on the scale by basically unleashing a document here in the form of a brief that attempts to eviscerate one of the candidates for President of the United States. . . . I read the whole thing last night. . . . It’s nonsense. You can’t be indicted for these things. This can’t be a crime for a President. So that’s the problem with all of this. And [Smith’s] still stretching so desperately to try to make this case work that it’s really a sign of desperation.

My dad also asserted that Smith’s latest filing is so far-fetched that the courts could dismiss the case altogether – especially since there’s no possibility of litigating this case before Election Day. And if President Trump wins, the indictment will go away because a sitting President can’t be prosecuted. And if he loses, the indictment should go away because most Americans don’t want to see political opponents prosecuted.

And as I stated earlier, Smith’s ongoing political prosecution of President Trump will likely help Trump win the White House again. Surely, most Americans know his latest stunt reeks of election interference. In doing so, Smith is likely clearing a path for Trump to win again.

Rather than focusing on Trump, the Biden-Harris Administration should be more focused on Iran’s recent attack on Israel. However, Biden and Harris continue to remain AWOL in support of Israel.

Just hours after Iran’s attack, we sent a demand letter to the U.N. Security Council in defense of Israel. The ACLJ is also presenting two emergency oral interventions at the U.N. Human Rights Council in Geneva this week. We also will send a demand letter to the U.N. General Assembly on Monday, the first anniversary of October 7.

Today’s Sekulow broadcast included a full analysis of Special Counsel Jack Smith’s weak evidence in his superseding indictment. Former Acting Director of National Intelligence Ric Grenell reacted to former Minnesota Governor Tim Walz’s weak response regarding Israel’s right to defend itself.

Watch the full broadcast below: