'The combined effect of these rapid-fire developments should have sent an unmistakable message to Smith: Abort your mission. This is doubly true given the impending November election, for which a certain criminal defendant will appear at the very top of the ballot. After all, the DOJ's own internal Justice Manual stipulates that "federal prosecutors ... may never make a decision regarding an investigation or prosecution, or select the timing of investigative steps or criminal charges, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party."
Come again?
Any reasonable prosecutor -- or so-called prosecutor -- would have conceded defeat and dropped the lawfare madness. Instead, in his superseding indictment filed this week in Washington, D.C., Smith doubled down in every possible way.
Smith only made cosmetic changes to his original charging document, removing certain factual allegations that clearly involve a president's plenary constitutional conduct but retaining other alleged acts that still fall under the broader scope of "official" presidential conduct. Astonishingly, Smith left in both his counts against Trump that invoke the very Sarbox provision the Supreme Court just held in Fischer cannot be invoked for Jan. 6-related prosecutions -- including Smith's anti-Trump case in Washington.'
Come again?
Any reasonable prosecutor -- or so-called prosecutor -- would have conceded defeat and dropped the lawfare madness. Instead, in his superseding indictment filed this week in Washington, D.C., Smith doubled down in every possible way.
Smith only made cosmetic changes to his original charging document, removing certain factual allegations that clearly involve a president's plenary constitutional conduct but retaining other alleged acts that still fall under the broader scope of "official" presidential conduct. Astonishingly, Smith left in both his counts against Trump that invoke the very Sarbox provision the Supreme Court just held in Fischer cannot be invoked for Jan. 6-related prosecutions -- including Smith's anti-Trump case in Washington.'
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