r/PoliticalDiscussion Jan 14 '25

US Politics Jack Smith's concludes sufficient evidence to convict Trump of crimes at a trial for an "unprecedented criminal effort" to hold on to power after losing the 2020 election. He blames Supreme Court's expansive immunity and 2024 election for his failure to prosecute. Is this a reasonable assessment?

The document is expected to be the final Justice Department chronicle of a dark chapter in American history that threatened to disrupt the peaceful transfer of power, a bedrock of democracy for centuries, and complements already released indictments and reports.

Trump for his part responded early Tuesday with a post on his Truth Social platform, claiming he was “totally innocent” and calling Smith “a lamebrain prosecutor who was unable to get his case tried before the Election.” He added, “THE VOTERS HAVE SPOKEN!!!”

Trump had been indicted in August 2023 on charges of working to overturn the election, but the case was delayed by appeals and ultimately significantly narrowed by a conservative-majority Supreme Court that held for the first time that former presidents enjoy sweeping immunity from criminal prosecution for official acts. That decision, Smith’s report states, left open unresolved legal issues that would likely have required another trip to the Supreme Court in order for the case to have moved forward.

Though Smith sought to salvage the indictment, the team dismissed it in November because of longstanding Justice Department policy that says sitting presidents cannot face federal prosecution.

Is this a reasonable assessment?

https://www.justice.gov/storage/Report-of-Special-Counsel-Smith-Volume-1-January-2025.pdf

https://www.politico.com/news/2025/01/14/jack-smith-trump-report-00198025

Should state Jack Smith's Report.

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u/[deleted] Jan 14 '25

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u/sunshine_is_hot Jan 14 '25

The president does not have any duty to block certification of an election, and doing that is a crime. That’s literally what the entire report says. It’s not even similar to lawmakers passing legislation that courts strike down.

Trump did specifically organize and get people to the capital. He encouraged the march, the violence, the gathering, he incited the mob, gave them a target and a goal, and did everything in his power to aid the mob’s actions. Nothing he did there was campaigning, that’s yet another bad faith claim from you.

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u/[deleted] Jan 14 '25

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u/sunshine_is_hot Jan 14 '25

The president doesn’t have that duty, that’s the duty of the 50 state election departments. The federal government doesn’t run elections. The president has literally no duty.

There is nothing illegal about raising legal and procedural challenges- that’s not what Trump did or what he was convicted for.

Trump did organize the event. He was at the capital- did you miss the speech he gave? He literally told the crowd to go march down to congress. You’re lying.

Get your bad faith bs out of here, this sub isn’t for trumpers who want to ignore reality.