Ever since the election results, I've been dreading this moment. Special prosecutor Jack Smith - who had been pursuing two criminal cases against donald trump for both his involvement in the January 6th Insurrection AND the theft of thousands of classified documents - filed paperwork with the courts today to cancel those prosecutions now that trump will be legally protected with presidency. David A Graham at the Atlantic tries to cover the implications (paywalled):
Donald Trump will never face federal criminal charges for trying to corrupt the 2020 presidential election, the fundamental democratic procedure. Nor will he ever face consequences for brazenly removing highly sensitive documents from the White House, refusing to hand them back, and attempting to hide them from the government.
Special Counsel Jack Smith, representing the Justice Department, today filed to dismiss charges in the two federal cases he was overseeing against Trump. Smith effectively had no choice. Trump had promised to fire him and end the cases as soon as he took office on January 20. (The president-elect reportedly plans to fire not only Smith but also career attorneys who were assigned to his team.)
In both cases, these were crimes that only a president could commit: No one else could have attempted to remain in office by the same means, and few people could have made off with boxes full of these documents. And only a president-elect with nearly unlimited resources could have gotten away with them.
Trump pulled off this legal trick with a simple and effective strategy of running down the clock until being reelected president. Traditionally, defendants have had two ways to beat a rap. They could convince a judge or jury that they didn’t do the crime, or at least that there isn’t enough evidence to prove they did. Or they could look for a way to get sprung on a technicality. Faced with a choice between A and B, Trump chose option C: weaponize the procedural protections of the American justice system against itself.
The problem is not that these protections exist. They are a crucial part of ensuring fairness for all defendants. But just as he has done in other circumstances, Trump sniffed how the things that make the American system great can also be cynically exploited. If you have sufficiently deep pockets and very little shame, you can snow a case under procedural motions, appeals, and long shots, enough to slow the case to a crawl. And in Trump’s case, delay was a victory—not because he could put it off indefinitely, but because he will soon be president again, with the Department of Justice under his authority...
I decried trump's tactics, and I hated how the legal system seemed to go out of its way to play the game by his rules not theirs. And yet this is how broken our American Justice has become:
But in Attorney General Merrick Garland, Trump drew the ideal foil. The man overseeing the two cases against Trump is obsessive about proceduralism. His view was that the best way to restore the justice system, and the Justice Department, after the first Trump presidency was to do everything precisely by the book, no matter how long it took. It took quite a while—Smith was not appointed until November 2022, two months after the paperwork coup began and three months after the FBI seized documents at Mar-a-Lago. By the time Smith brought charges, in summer 2023, the timeline was tight, either for verdicts soon enough to inform voters or to avoid dismissal if a Republican won the presidential election...
Most important, Garland’s attention to detail meant the system failed to do the basic work of holding accountable someone who had committed serious crimes in plain sight. And partly because of that, Trump will soon return to the White House with the power and intention to destroy all the independence and careful procedures that Garland took such pains to protect...
The lack of accountability for January 6 is an affront to the Constitution. But the lesson that Trump will take from charges being dropped, along with the immunity ruling, is that the system is not capable of holding him accountable for most rules that he violates. The affronts will continue.
With regards to the one criminal trial that did convict trump on 34 counts, even that is now facing turmoil as the prosecutors and judge try to figure out sentencing on someone who will be federally protected from the law. The civil trials that trump lost - the one involving tax fraud on his properties, and the ones involving his sexual assault and defamation on E. Jean Carroll - are likely to continue through the appellate process, but you can be damn sure trump will use every legal power the presidency can inflict on those rulings to weasel his way out of those matters.
I am angry at Garland - and at President Biden, who nominated Garland as a sign of professionalism and normalcy returning to the Justice Department - only as far as his inability to understand the seriousness and severity of everything trump represented. Dammit, man. trump was - still is - a clear and present danger to the United States.
I am more angry at a Republican Party that - confronted with multiple facts that trump was dangerous and criminal to boot - refused to hold trump accountable, and refused to regain any semblance of ethical responsibility towards the United States. They happily did something the Founders could never have imagined: They openly supported a convicted felon, tax fraud, and sex offender for the highest office in the land.
I am extremely angry at a Beltway media that repeatedly refused to remind the American public who and what trump really is. Not just the increasing signs of mental instability and the ongoing evidence of trump's sadism, sexism, and racism. They kept underplaying the facts that trump had been convicted of felonies, that he'd been exposed as a business fraud and gaslighter, that his contempt towards women drove him to acts of vulgarity. This is the same Beltway media that had fucking meltdowns over Hillary's emails, and they failed to point out how trump was the most corrupt person - in a field containing the likes of LBJ, Nixon, Harding, and Andrew Jackson - in presidential history.
But my deepest ire is for the 75 million or so fellow Americans who - with all the evidence that IS out there, with all the reporting that did happen that showed trump was a convicted felon and sex offender - still voted for a monster like him. There may have been a lot of low-information voters out there this cycle, and a number of them voted for trump without knowing - or comprehending - the facts that trump was a legal abomination. But enough of you knew. Enough of you knew he was a criminal and you voted for him anyway. Goddamn you.
trump is now the most dangerous person in America, because he's going to get granted executive powers - yet again - that he openly promises to abuse the minute he gets sworn into office. trump is going to twist the Department of Justice into his Department of Vengeance, attacking every person who exposed his criminal acts by turning them into criminals without evidence or rationale. Think of the disastrous Durham prosecutions that never proved trump's lies about the 2016 elections: Think of how worse it's going to be as trump pursues falsehoods and fantasies about 2020 being 'stolen' from him that four years of digging by his wingnut allies never confirmed. Think about all those people who were convicted for their roles in the January 6th Insurrection, that trump claims are 'heroes' and who'll get pardoned even after all those trials and juries proved how violent those insurrectionists are.
Think of how trump's entire existence - all the bankruptcies, all the acts of fraud he plead away - is proof that our legal system fails to hold everyone accountable. If you're poor, if you're a minority, if you're a woman, you won't find any justice with prosecutors or judges or cops who'll punish you even when you're innocent. If you're rich, if you're white, if you're male, you can buy and bully your way into favorable treatment and slaps on the wrist because you can afford the lawyers who play the game.
And if you're donald trump, you fucking get away with everything.
Goddamn us.
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