Jack Smith Waves the White Flag, Asks Court of Appeals To Pause Indictment Against President Trump

Special Counsel Jack Smith knows it’s time to take his ball and go home. Undoubtedly, he’s heard that President-elect Donald Trump plans to “fire him within two seconds” of taking office. So Smith just asked that the 11th Circuit Court of Appeals pause the classified documents indictment against Trump. Also, Smith paused his Jan. 6 superseding indictment against Trump a few days ago.

To be clear, both the classified documents case and the Jan. 6 case are merely delayed. They have not been officially dropped but look to be almost over. Smith’s crusade against Trump appears to be ending with a whimper rather than a bang.

Because of this relentless lawfare, the ACLJ filed an amicus brief to have Smith removed from his post as Special Counsel. (Don’t forget that a federal judge had declared his appointment unconstitutional.) Our brief made two primary arguments.

First, we argued that, as Special Counsel, Jack Smith is a principal officer of the United States, which would require a presidential appointment and Senate confirmation. Smith never completed this process.

Second, we argued that Smith has failed to identify any statutory authority that would allow the Attorney General to appoint him as an officer of the United States. The brief systematically examined each statute that Smith cites to claim his authority. None of them allow the appointment of new officers of the United States.

With Smith’s post coming to an end, the country can finally move beyond the political prosecution of Trump. Further, if Smith’s cases against Trump end, our amicus brief will also conclude. That being said, the ACLJ will still monitor to make sure the far Left doesn’t pull any last-ditch legal efforts that are unconstitutional.

Despite the pending legal issues, Trump is quickly making picks for his new staff and Cabinet. The two biggest selections are former Rep. Tulsi Gabbard for Director of National Intelligence and Rep. Matt Gatez (FL-1) for Attorney General. As you know, Tulsi is a member of our Sekulow broadcast, and we are happy about her new appointment.

Of course, the far Left is having a meltdown over many of Trump’s choices for his Administration. Senator John Fetterman (PA) commented on Gatez’s nomination: “I would describe it as [G]od-tier level trolling that has triggered a full-on China Syndrome to own the libs in perpetuity.” In other words, Trump wants to send the Left into panic forever. I don’t see the Left’s meltdown ending anytime soon.

I want to inform you about a new ACLJ free speech case. We are representing a parent in support of her right to criticize antisemitic posts by a public school teacher, who filed a defamation lawsuit against our client for calling out her speech as antisemitic.

A theater director at a high school in Illinois posted a story on her Instagram account that accused the Israeli military of “crimes against humanity” and “ethnic cleansing.” Our client, a parent of students in the school, learned about the post and shared her opinion that these statements were “slandering the IDF and Israel” and “antisemitic.”

The teacher responded by suing the parent for defamation, false light, and tortious interference with contractual relations. Apparently, the teacher outrageously believes she has the right to share her opinions, but our client doesn’t.

On the other hand, the Constitution clearly protects the right to free speech on matters of public concern. Courts have routinely held that accusations of racism, fascism, or antisemitism are not actionable because they are inherently subjective and not provably false. Our client’s case is very straightforward, and we will be fighting for her First Amendment rights.

Today’s Sekulow broadcast included a full analysis of Smith’s pausing his classified documents case against President Trump. We also gave an update on an ACLJ FOIA lawsuit against the Biden-Harris “Disinformation Governance Board.”

Watch the full broadcast below: