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Jack Smith Asks SCOTUS to Rule on Trump’s Presidential Immunity Defense

(Eduardo Munoz Alvarez/Pool via Getty Images)

Reported by THE EPOCH TIMES

The special counsel’s office is preempting former President Donald Trump’s appeal of his case to the U.S. Supreme Court by petitioning the high court for a writ certiorari before judgment—an immediate ruling—of whether the former president can rely on his presidential immunity defense.

Special counsel Jack Smith has charged President Trump on four counts regarding his actions to challenge the 2020 election results; President Trump has filed four motions to dismiss the case. Several were rejected by U.S. District Judge Tanya Chutkan, and the defense has since appealed the motion to dismiss based on presidential immunity to a federal appeals court.
The prosecutors are asking the Supreme Court “whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.”

President Trump had asked the district court to pause proceedings pending appeal, noting that he would seek that pause from the appeals court if the district court didn’t grant it. If granted in either court, the legal strategy would certainly throw off the trial schedule.

Prosecutors are now asking the Supreme Court to issue judgment before the appeals court makes a decision.

“This case presents a fundamental question at the heart of our democracy,” the special counsel’s team argued in the new filing. “The district court rejected respondent’s claims, correctly recognizing that former Presidents are not above the law and are accountable for their violations of federal criminal law while in office.”

They argue that President Trump’s legal strategy in the appellate court now jeopardizes the March 4, 2024, trial date.

“It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected,” the prosecutors argued.

They claimed that President Trump is “profoundly mistaken” on the law and only the Supreme Court can “definitively resolve” the issues at hand. The court’s granting the writ of certiorari before judgment would “provide the expeditious resolution that this case warrants.”

he former president issued a statement describing the move as a “Hail Mary” on the prosecutor’s part, “by racing to the Supreme Court and attempting to bypass the appellate process.”

He also noted Mr. Smith’s poor record at the high court, which he stated “has not been kind to him, including by handing down a rare unanimous rebuke when the Court overturned him 8-0 in the McDonnell case,” in which Mr. Smith prosecuted former Virginia Gov. Bob McDonnell.

President Trump reiterated his belief that the prosecution is politically motivated.

“There is absolutely no reason to rush this sham to trial except to injure President Trump and tens of millions of his supporters. President Trump will continue to fight for Justice and oppose these authoritarian tactics,” he stated.

Trial Date

The trial on March 4, one day before Super Tuesday Republican primary elections in more than a dozen states, would be the first of the four criminal cases against President Trump.

The 45th president, who has pleaded not guilty to 91 criminal counts, was also facing a May trial date in a federal criminal case in the Southern District of Florida, which is almost certainly going to be postponed as the judge is set to revisit the trial schedule in January.

In Georgia, prosecutors have pushed for an August 2024 trial start, which President Trump’s attorney has argued falls too close to the general election, likely putting jurors in the position of voting for or against him while they attempt to try the case objectively.

President Trump is also facing criminal charges in Manhattan; prosecutors originally set a March 2024 trial date, but the court is set to postpone the case around the schedules of these other criminal cases.

On top of that, President Trump faces several civil lawsuits, one with trial ongoing in New York and another two set to go to trial in mid-January.

Presidential Immunity?

On Dec. 1, a federal appeals court ruled that presidential immunity doesn’t shield President Trump from lawsuits regarding the Jan. 6, 2021, Capitol breach and noted that the court wouldn’t be the final authority on the issue.

In November 2022, Mr. Smith was appointed special counsel on issues related to the Capitol breach, just days after President Trump announced his candidacy. This summer, he unsealed the indictment against President Trump alleging criminal conspiracy in his actions to challenge the 2020 results, tying much of the case to Jan. 6, 2021.

U.S. Circuit Judge Sri Srinivasan ruled that President Trump was acting as candidate Trump in much of what he is being sued for and that his actions weren’t official acts of a president.

“When a sitting president running for re-election speaks in a campaign ad or in accepting his political party’s nomination at the party convention, he typically speaks on matters of public concern. Yet he does so in an unofficial, private capacity as office-seeker, not an official capacity as office-holder. And actions taken in an unofficial capacity cannot qualify for official-act immunity,” he wrote, rejecting an appeal filed by President Trump, who is also facing civil lawsuits related to Jan. 6, 2021.

The judge added that the rejection of presidential immunity in this case assumes truth in the plaintiffs’ allegations against him, which will need to play out in district court.

“When these cases move forward in the district court, [President Trump] must be afforded the opportunity to develop his own facts on the immunity question if he desires to show that he took the actions alleged in the complaints in his official capacity as President rather than in his unofficial capacity as a candidate,” he wrote. “At the appropriate time, he can move for summary judgment on his claim of official-act immunity.”

The special counsel’s office argues that President Trump sought to “overturn the legitimate results of the 2020 presidential election by using knowingly false claims of election fraud” and that he conspired with several people outside of office to do so.

They rebutted President Trump’s presidential immunity defense by arguing that a former president doesn’t have the same immunity and that if he did, it “would be narrower than the ‘outer perimeter’ standard” afforded a sitting president.

The defense argued that President Trump has a history of taking allegations of election fraud seriously, pointing to several investigations he approved while in office, and argued that the speech about election fraud during the end of his term fell squarely within the duties of a president. The special counsel frames the situation quite differently, arguing that President Trump was aware of having legitimately lost the election when he made allegedly false claims about election fraud and “stolen” votes.

In the petition to the Supreme Court, they are also arguing that President Trump has been impeached on similar issues and that the immunity argument is “undercut” by the impeachment clause.

The special counsel has argued, and the district court affirmed, that to grant President Trump presidential immunity here would be to put him “above the law.”

If the Supreme Court agrees to issue judgment before the appeals court rules, it may throw off President Trump’s plans to stall the case past the general election.

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Whistleblowers vindicated. What was the most damaging revelation?

Whistleblowers vindicated. What was the most damaging revelation? Remember when the clown Congressman Raskin said that he believed Hunter and the whistleblowers were disgruntled Republicans( or something along those lines)? The Washington Examinar. 

Now Hunter Biden has been indicted on tax charges, and the indictment is a complete vindication of the IRS whistleblowers. The indictment largely follows the lines that Shapley and Ziegler set out. It says Hunter Biden avoided paying at least $1.4 million in taxes he owed from 2016 to 2019, when he was receiving large amounts of money from Ukraine, Romania, and China. The indictment alleges that Biden “subverted the payroll and tax withholding process” of his company and then withdrew millions from the company without paying taxes on it.

Well these indictments are just the tip of the Iceberg. What I found most revealing is that they also saw the trail was leading to Joe Biden. The higher ups stopped the investigation into Biden.

In closing, again from the Examinar.

Capitol Hill Democrats sought to dismiss the whistleblowers’ allegations. Investigators are often gung-ho, they said, while Justice Department prosecutors have to measure carefully whether a criminal case is warranted. And in this case, Democrats maintained, no charges were warranted against Hunter Biden.

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Was there collusion between the fake January 6 committe and Fani Willis? You be the judge.

Was there collusion between the fake January 6 committe and Fani Willis? You be the judge. A real Committe, House Judiciary Committee released a letter that showed Fani Willis asking for damaging information that the fake January 6 committee had on President Trump.

Remember that this fake committee was hand picked by Pelosi. The only folks on it were members of congress who voted for impeachment.

Willis began her investigation into Trump in February 2021. Yet, she waited until the 2024 election season was in full swing to charge the former president and current leading GOP candidate.

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Hamas adds new ally. Williamsburg Festival Organizers.

Hamas adds new ally. Williamsburg Festival Organizers. Yes my friends, the terrorists have a friend in the Williamsburg Festival Organizers. Why do I say that? Look at what I found.

The Virginia Gazette News reported:

A menorah lighting was scheduled for the 2nd Sundays Art and Music Festival on Dec. 10. Each month from March to December, the community event hosts artisans, street performers and food vendors, and Jewish leaders were told that the board was not comfortable allowing the lighting at the festival.

Dec. 7 marks the first night of Hanukkah. According to a statement from the United Jewish Community of the Virginia Peninsula, the lighting was going to be held by a local rabbi and had nothing to do with the Israel-Hamas war. The statement says Jewish leaders were told the event would appear to choose sides in the conflict, and organizers would reschedule the celebration if it were held under a “ceasefire” banner.

In a statement, the United Jewish Community of the Virginia Peninsula said:

The Jewish Community of the Virginia Peninsula is shocked and alarmed at LoveLight Placemaking’s decision to cancel a menorah lighting scheduled for the Second Sundays Art and Music Festival on Dec 10 in Williamsburg – claiming it did not want to appear to choose sides in the Israel-Hamas conflict. To be clear, the menorah lighting, which was to be led by a local community rabbi, had nothing to do with Israel or the conflict.

Yet, appallingly, the event organizer claimed that a Chanukah celebration would send a message that the festival was “supporting the killing/bombing of thousands of men, women, and children,” — and even went a step further, by offering to reinstate the event if it was done under a banner calling for a ceasefire.

We should be very clear: it is antisemitic to hold Jews collectively responsible for Israel’s policies and actions, and to require a political litmus test for Jews’ participation in community events that have nothing to do with Israel. Those standards would never be applied to another community.

Since October 7th, we have repeatedly seen cases of Jewish people and institutions – including synagogues, Jewish homes and businesses – being targeted, sometimes violently, by those opposed to Israel or its actions. At a time of well-documented, rising antisemitism, the singling out and targeting of Jews is dangerous and harmful, serving to further exclude and alienate our community.

The Second Sundays Art & Music Festival has been a meaningful and important community event that brings people together under a powerful message of unity, love and light. Excluding Jewish participation from a festival that should welcome everyone undermines its very message. We call on LoveLight Placemaking to reconsider our request to engage in dialogue, educate themselves on the harmfulness of their decision, and reinstate the apolitical Menorah ceremony at the event.

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Jack Smith request to hide evidence from Trump legal team is denied.

Jack Smith request to hide evidence from Trump legal team is denied. Last month Jack Smith’s lawyers asked Judge Cannon to keep documents under seal because it is considered “highly sensitive classified information.”

Excerpt from Newsweek:

Aileen Cannon, the judge presiding over former President Donald Trump’s classified documents case, on Monday ordered the unsealing of documents filed by Special Counsel Jack Smith, who had asked that they be kept under wraps because they could reveal his trial strategy.

On Monday, Cannon ordered the unsealing of documents filed by Smith in the case, making them public, adding that she was “mindful of the strong presumption in favor of public access to judicial documents.”

On November 22, Smith asked that the filing be kept under seal because it contained government plans to delete “highly sensitive classified information” from sharable discovery.

Cannon said that Smith had not provided “sufficient justification” for his filing because the motions did not “contain or otherwise reveal classified information.”

Additionally, a Friday court document revealed the response to the initial order of unsealing in which Smith’s team agreed to unseal the documents, as requested by the defense, though prosecutors insisted on some redactions.

“The defendants did not oppose the Government’s request, but reserved the right to challenge them later,” Smith wrote, adding that a full unsealing could disclose classified defense counsel information about how government’s CIPA motion.

“This is the same information that the Government proposed redacting. Because the Court rejected that position and ordered the Government to provide unredacted versions of the two docket entries to defense counsel, there is no justification for keeping them from the public.”

 

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Is the Biden administration just using the weaponization of the DOJ against Republicans?

Is the Biden administration just using the weaponization of the DOJ against Republicans? We’ve been hearing about how ehis administration was focusing on Trump and Republican groups, but some say that they’re not the only ones.

Senator Menendez and Mayor Adams seem to also likly targets of this administation. We have this from NewsNation.

In the past 24 months, New Jersey Sen. Bob Menendez, former California Congressman TJ Cox, former Louisiana Democratic Party chief Karen Carter Peterson and former Tallahassee Mayor Andrew Gillum have all been arrested and charged by the DOJ.

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Not a Nothingburger: My Statement to Congress on Censorship.

Not a Nothingburger: My Statement to Congress on Censorship
The key question in censorship is always the same. Who’s doing it?

For time reasons, I had to cut my actual address a bit short Thursday. This statement, which began with a nod to Dr. Jay Bhattacharya, is what was entered into the congressional record:

November 30, 2023

Chairman Jordan, ranking member Plaskett, members of the Committee, thank you for the opportunity to speak.

Exactly one year ago today I had my first look at the documents that came to be known as the Twitter Files. One of the first things Michael, Bari Weiss and I found was this image, showing that Stanford’s Dr. Jay Bhattacharya had been placed on a “trends blacklist”:

This was not because he was suspected of terrorism or incitement or of being a Russian spy or a bad citizen in any way. Dr. Bhattacharya’s crime was doing a peer-reviewed study that became the 55th-most read scientific paper of all time, which showed the WHO initially overstated Covid-19 infection fatality rates by a factor of 17. This was legitimate scientific opinion and should have been an important part of the public debate, but Bhattacharya and several of his colleagues instead became some of the most suppressed people in America in 2020 and 2021.

That’s because by then, even true speech that undermined confidence in government policies had begun to be considered a form of disinformation, precisely the situation the First Amendment was designed to avoid.

When Michael and I testified before the good people of this Committee in March we mentioned this classically Orwellian concept of “malinformation” — material that is somehow both true and wrong — as one of many reasons everyone should be concerned about these digital censorship programs.

But there’s a more subtle reason people across the spectrum should care about this issue.

Former Executive Director of the ACLU Ira Glasser once explained to a group of students why he didn’t support hate speech codes on campuses. The problem, he said, was “who gets to decide what’s hateful… who gets to decide what to ban,” because “most of the time, it ain’t you.”

The story that came out in the Twitter Files, and for which more evidence surfaced in both the Missouri v. Biden lawsuit and this Committee’s Facebook Files releases, speaks directly to Glasser’s concerns.

There’s been a dramatic shift in attitudes about speech, and many politicians now clearly believe the bulk of Americans can’t be trusted to digest information. This mindset imagines that if we see one clip from RT we’ll stop being patriots, that once exposed to hate speech we’ll become bigots ourselves, that if we read even one Donald Trump tweet we’ll become insurrectionists.

Having come to this conclusion, the kind of people who do “anti-disinformation” work have taken upon themselves the paternalistic responsibility to sort out for us what is and is not safe. While they see great danger in allowing anyone else to read controversial material, it’s taken for granted that they’ll be immune to the dangers of speech.

This leads to the one inescapable question about new “anti-disinformation” programs that is never discussed, but must be: who does this work? Stanford’s Election Integrity Project helpfully made a graphic showing the “external stakeholders” in their content review operation. It showed four columns: government, civil society, platforms, media:

One group is conspicuously absent from that list: people. Ordinary people! Whether America continues the informal sub rosa censorship system seen in the Twitter Files or formally adopts something like Europe’s draconian new Digital Services Act, it’s already clear who won’t be involved. There’ll be no dockworkers doing content flagging, no poor people from inner city neighborhoods, no single moms pulling multiple waitressing jobs, no immigrant store owners or Uber drivers, etc. These programs will always feature a tiny, rarefied sliver of affluent professional-class America censoring a huge and ever-expanding pool of everyone else.

Take away the high-fallutin’ talk about “countering hate” and “reducing harm” and “anti-disinformation” is just a bluntly elitist gatekeeping exercise. If you prefer to think in progressive terms, it’s class war. The math is simple. If one small demographic over here has broad control over the speech landscape, and a great big one over there does not, it follows that one group will end up with more political power than the other. Which one is the winner? To paraphrase Glasser, it probably ain’t you.

It isn’t just one side or the other that will lose if these programs are allowed to continue. It’s pretty much everyone, which is why these programs must be defunded before it’s too late.

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Progressive writer attacks a child in the name of WOKE.

Progressive writer attacks a child in the name of WOKE. Yes the left has no shame a no name writer tweeted part of a childs face showing what this writer called racism and somehow connected it as derrogatory towards Native Americans and Blacks. Because of that child the KC Chiefs must stop using an Indian name.

Deadspin writer Carron Phillips smeared an innocent child who attended Sunday’s Kansas City vs Las Vegas game by posting a deceptive photo of only one side of his face.

“It takes a lot to disrespect two groups of people at once. But on Sunday afternoon in Las Vegas, a Kansas City Chiefs fan found a way to hate Black people and the Native Americans at the same time.” Carron Phillips wrote.

 


deceptive photo used by Carron Phillips

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Newly Discovered Letter by Thompson Potential Cause of TSA Placing Innocent Americans on Terror Watchlist.

Newly Discovered Letter by Thompson Potential Cause of TSA Placing Innocent Americans on Terror Watchlist.

On January 6th, 2021, “insurrectionists attacked the United States Capitol intent on preventing the certification of a democratic election and, apparently, inflicting violence upon elected officials… Several lives were lost, including at least one Capitol Police officer…” wrote Rep. Bennie G. Thompson (D-MS), then-Chairman of the House Committee on Homeland Security to Transportation Security Administration Administrator David Pekoske on January 11th, 2021, in a previously unrevealed letter. This committee “focuses on legislation and oversight related to the security of the United States” with the goal of “[ensuring] that the American people were protected from terrorist attacks.”

Chairman Thompson started his letter with unproven charges and false information in this salacious statement of fiction as he requested an Executive Branch agency ignore due process and deprive thousands of Americans of their Constitutionally protected rights to travel freely within the United States (a right recognized since at least 1870.) Rep. Thompson’s account of the events on January 6th, 2021, could have been lifted directly from a far-left opinion website like HuffPost or ProPublica. While Thompson does not source his wild allegations, he could have easily credited a ProPublica article that made identical claims: law enforcement agencies were “unprepared,” and “the attack was planned largely in open internet forums.” A subsequent article by the same author falsely claimed that “Officer Brian Sicknick died defending the Capitol.”

But Congressman Thompson’s concern was not about how to better protect the U.S. Capitol. His immediate concern, less than a week after the events of January 6th, was punishing those who came to Washington, DC, without trial or investigation. He said the “perpetrators have continued to enjoy freedom of movement throughout the country. Only a fraction of the insurrectionists have been arrested, and many of those arrested have been released pending a future court date. To our knowledge, the Federal government has not prevented a single insurrectionist from boarding an aircraft.” Perhaps the Chairman is less than familiar with the U.S. Constitution to which he was required to swear allegiance in his 15 terms as a member of the U.S. House of Representatives, but the 5th Amendment is quite clear on the following: “No person shall be… deprived of life, liberty, or property, without due process of law.”

Chairman Thompson continued with a statement he attributed to “growing online chatter,” which informed his belief that “many of the same groups that planned and carried out Wednesday’s attack intend to return to Washington, D.C., to cause further disruption and violence in the coming days, including at the inauguration of President-elect Joe Biden.” Those of us who were working in law enforcement during the inauguration of Joe Biden marveled at the speed and efficiency of locking down Washington DC into a Police State scene out of the Cold War. The anti-scale fencing, which was nowhere to be found during the summer riots of 2020, was installed with an efficiency that shocked the government sensibilities in a place like Washington, DC. But at the bottom of his third paragraph, Rep. Bennie Thompson says the so-called quiet part out loud: “It appears little is being done to disrupt the travel of terrorists who just attacked the seat of the U.S. Government and wish to do so again.” Furthermore:

Please provide a briefing not later than the end of this week on the following topics:

  •       Current efforts to disrupt the travel of white supremacist and other domestic terrorist groups who may be planning further attacks against the U.S. Government and may be targeting the inauguration of President-elect Joe Biden;
  •       Options available for quickly denying air carrier service to individuals identified as posing a potential threat, including TSA’s authorities to prevent individuals from flying on a temporary or flight-by-flight basis;”

After this letter was received by the top official at the TSA, many Americans who had simply traveled to the National Capitol Region on or around January 6th, 2021, were welcomed to the “Quiet Skies.” These unsuspecting (and unconvicted) American citizens were added to a secretive program known as Quiet Skies—which the TSA claims identifies “international travelers who may require enhanced screening” by a “set of risk-based, intelligence-driven scenario rules.” It further claims that “these rules have strict oversight by the Department of Homeland Security, including the privacy, civil rights and liberties, and general counsel offices.” However, several Federal Air Marshal Service (FAMS) whistleblowers and retired supervisory FAM Sonya Labosco have blown the lid off some of the abuses of this program in numerous national interviews and a previous article published by UncoverDC. Additional coverage by UnCoverDC’s Wendi Mahoney introduced those unfamiliar with Quiet Skies to the “Quad S” designation.

The simple fact is—thousands of Americans are now subjected to invasive “security” screenings for several years as a form of extrajudicial punishment that was called for by a powerful Congress member and implemented by a feckless administrative agency. The saddest part for those of us who have engaged in surveillance activities of alleged but unindicted terrorists is—legitimate investigations of sworn aspiring members of ISIS or Al-Qaeda are not nearly as destructive to those members’ lives. The entire point of covert surveillance in a law enforcement setting is to document the subject’s behavior without them altering it from the heavy-handed or visible presence of police. The “SSSS” designation on the boarding passes of many attendees of a 1st Amendment-protected activity or even those who coincidentally flew into the region during that timeframe leads to an experience that is the opposite of productive for any “domestic terrorism” investigation. We only know this information because of the tireless work of the AMNC and former FAMs like Sonya Labosco.

Labosco is the Director of a private advocacy group called the Air Marshal National Council (AMNC). Historically, the FAMS have spent the majority of their time traveling internationally. Armed federal agents with specialized training to stop a terrorist hijack attempt or reclaim a seized aircraft, the FAMS are unique in their skillsets and focus on a post 9/11 airborne jurisdiction. But since January 2021, this highly specialized counterterrorism force has been aimed at surveilling Americans who have not been identified under any other federal law enforcement agency watch list.

The AMNC has been quietly working to unravel the chain of events that has led to the weaponization of this agency. This letter from Chairman Thompson appears to be one of the first movements by the eventual “Chairman of the Select Committee to Investigate the January 6th Attack on the United States Capitol” (J6 Unselect Committee) to craft the Democratic Party fantasy that “white supremacists and domestic terrorists groups” were the cause of the riot that day. It also appears to be an underhanded request to the TSA, an agency Congressman Thompson’s Committee had “special oversight functions” over, to “disrupt the travel” and “[deny] air carrier service” to Americans who simply found themselves on the wrong side of the Congressman’s politics. Of note, this letter was co-signed by the Committee’s Ranking Member, John Katko, a 3-term New York Congressman who declined to seek re-election in 2022. Former Rep. Katko is currently a senior advisor to Hill East Group—a Washington, DC-based consulting and lobbying firm.

What Americans should know after reading this letter is that the Democrat narrative regarding what they would set out to show in their highly curated, nominally bipartisan Committee on January 6th was already sent out as marching orders to one of the federal government’s most inefficient and theatrical entities: the TSA.

You can read the full letter here.

Kyle Seraphin is a former FBI Agent assigned to the Washington Field Office on January 6th, 2021. After a transfer to Las Cruces, NM, he “blew the whistle” on the FBI’s partisan investigations into parents at school board meetings. He was suspended for a year without pay before “resigning,” but not before continuing to blow the whistle on numerous issues, including breaking the story the FBI was targeting Catholics with UnCoverDC. His work has spawned multiple Congressional and Attorney General investigations. 

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Winning. Only 14% of Americans get the latest jab.

Winning. Only 14% of Americans get the latest jab. If you want or did get the latest jab, that’s fine. But don’t come crying when you get side effects, hospitalization, and of course death (of course it’s too late then).

The loons over at VOX call it a miracle drug. But what they and the CDC leave out is that since the so called miracle drugs arrived, more Vaccinated folks are getting COVID, Hospitalized, and dying.