How To Get Conservative Judges To Do Conservative Things
Here's why the 6-3 conservative Supreme Court keeps flaking out.Here's why the 6-3 conservative Supreme Court keeps flaking out.Jack Smith still has Trump's allies in legal crosshairs, despite dropping case against president-elect
President Joe Biden's Department of Justice is still targeting Donald Trump's co-defendants in the classified documents case despite ending its lawfare against the president-elect.
Special counsel Jack Smith, who has led two federal indictments against Trump, requested on Tuesday that the case be dismissed against "Trump only."
'Just because you can doesn't mean you should.'
The case out of Florida, which accused Trump of mishandling classified documents after the government led a raid on his Mar-a-Lago estate, was previously dismissed by Judge Aileen Cannon of the Southern District of Florida in the summer. Cannon ruled that Smith's appointment was unconstitutional because it circumvented Congress.
Smith then moved to appeal her ruling but pulled part of his request after Trump secured the presidency. Smith has continued to pursue an appeal in the case against Trump's co-defendants: longtime aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira.
Nauta faces eight criminal charges, while De Oliveira is charged with four counts. Before the case was dropped against Trump, the president-elect was charged with 38 counts.
"The appeal concerning the other two defendants will continue because, unlike defendant Trump, no principle of temporary immunity applies to them," Smith wrote in his motion to dismiss the appeal against Trump, citing the Supreme Court's ruling on presidential immunity.
In a separate filing, Smith called Cannon's ruling to dismiss the case over his appointment a "flawed analysis."
"The Supreme Court held more than 50 years ago that Congress vested the Attorney General with the power to appoint special prosecutors like the Special Counsel," Smith claimed.
John Irving, De Oliveira's lawyer, told the New York Post that Smith's decision to pursue the charges against a Mar-a-Lago employee was "poor judgment."
"The special counsel's decision to proceed in this case even after dismissing it against President Trump is an unsurprising tribute to the poor judgment that led to the indictment against Mr. De Oliveira in the first place," Irving said. "Just because you can doesn't mean you should. If they prefer a slow acquittal, that's fine with us."
Nauta's lawyer did not respond to a request for comment from the Post.
Smith has reportedly already wasted at least $50 million in taxpayer funds to pursue the lawfare against Trump and his allies.
Trump pledged to fire Smith "within two seconds" of taking office. Sources also reportedly told the New York Times that Smith was planning to wrap up the cases and retire ahead of Inauguration Day.
In a statement to the Post, a spokesperson for Smith's office explained that upon the office's closure, its duties and ongoing matters can be transferred to "other components of the Department of Justice and the FBI."
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Biden admin's lawfare against Trump cost taxpayers over $50 million: Report
The Biden-Harris administration reportedly spent at least $50 million in taxpayer funds to go after President-elect Donald Trump in two federal criminal cases.
Fox News Digital reviewed Department of Justice expenditure reports, indicating that the Special Counsel Office, led by Jack Smith, incurred costs of $9.25 million from November 2022 to March 2023. A subsequent report showed an additional $14.66 million spent over the next six months. From October 2023 to March 2024, there was another $11.84 million in expenses. The expenditures from April 2024 to September 2024 have not yet been reported, but based on the average of the previous reported periods, it is estimated to be approximately $12 million.
'Empty and lawless.'
Therefore, since Smith's appointment in late 2022, the office has reportedly spent an estimated total of approximately $47.5 million.
The news outlet stated that the expenditures included both direct and indirect costs related to the two federal indictments overseen by Smith.
Newsweek reported earlier this month that the total is likely "well past" $50 million when including expenditures from September 30 onward.
Ultimately, the Biden administration's relentless lawfare against Trump came to a screeching halt following the outcome of the presidential election.
In the summer, Judge Aileen Cannon of the Southern District of Florida dismissed one of Smith's federal cases against Trump, where the president-elect was accused of mishandling classified documents. In her dismissal, Cannon ruled that Smith's appointment as special counsel was unconstitutional. Smith filed an appeal but moved to place that request on hold earlier this month.
On Monday, Smith requested to dismiss the other federal case against Trump, which alleged that he tried to overturn the 2020 presidential election. Smith cited a longstanding DOJ policy that prevents the agency from filing criminal charges against a sitting president. U.S. District Judge Tanya Chutkan approved Smith's motion to dismiss the case without prejudice, thereby allowing the option to reinstate the charges in the future.
However, CNN senior legal analyst Elie Honig explained on Tuesday why he believes the federal cases will not be revived after Trump's presidency despite being dismissed without prejudice.
"Yes, technically the cases were dismissed without prejudice, which means technically someone could come back in four years and reinstitute these charges," Honig said. "It's not mathematically eliminated. That's not gonna happen for a lot of reasons. First of all, four years from now is an eternity. Whoever the next president is in 2029, the next attorney general is gonna have no appetite in bringing this case back."
Honig also stated that "there are moves Donald Trump's DOJ could make" to eliminate that possibility.
"They can go back to the court and say, 'We want to switch this from without prejudice to with prejudice,' meaning it cannot be brought back. Who knows, Donald Trump may try to issue himself a pardon, something we've never seen before," he continued. "So I wouldn't hold out any expectation that this case ever gets charged in 2029."
Trump now faces only two state-level indictments, one in New York and the other in Georgia. However, the judge overseeing his New York criminal case, where he was found guilty on all 34 counts of falsifying business records, has agreed to review the defense's request to dismiss the case. The Georgia case remains tied up in the courts, with some speculating it may also be thrown out over Fulton County District Attorney Fani Willis' potential disqualification.
On Monday, Trump posted a statement on Truth Social responding to the recent case dismissal.
"These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party's fight against their Political Opponent, ME. Nothing like this has ever happened in our Country before," he wrote.
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Jack Smith moves to dismiss charges against Trump before Inauguration Day
On Monday, special counsel Jack Smith filed a motion to dismiss the Washington, D.C., case filed against President-elect Donald Trump.
Trump was initially charged last year with four felony counts, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an attempt to obstruct an official proceeding, and conspiracy against rights. He pleaded not guilty to all charges.
'Today's decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law.'
Smith wrote in the motion, "As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025. It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President."
Smith noted the "unprecedented situation" and, after consulting with the DOJ's Office of Legal Counsel, concluded that the "prosecution must be dismissed before the defendant is inaugurated."
"The Government's position on the merits of the defendant's prosecution has not changed. But the circumstances have," he added.
Smith led the Washington, D.C., case as well as another federal indictment against Trump out of Florida, where Trump was accused of mishandling classified documents. That case was dismissed in the summer by Judge Aileen Cannon, who ruled that Smith's appointment was unconstitutional.
Smith's move to drop the Washington, D.C., case on Monday would mark the end of all the federal indictments against Trump.
Steven Cheung, a spokesperson for Trump, responded to Smith's decision to file the motion to dismiss.
Cheung said, "Today's decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law. The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country."
Trump had previously vowed to terminate Smith "within two seconds" of taking office. The New York Times reported earlier this month that sources revealed Smith was planning to wrap up the federal cases and retire before Trump had the opportunity to remove him as special counsel.
Trump is still facing a criminal conviction in the New York court system, where he was charged with 34 felony counts of falsifying business records. However, last week, Judge Juan Merchan granted the defense's request to file a motion to dismiss. Merchan will receive that motion and the prosecution's response in early December. The Georgia case lodged against Trump, also a state-level indictment, is still tied up in the court and has not gone to trial.
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Judge to consider tossing Trump's New York criminal charges
New York Judge Juan Merchan has once again decided to postpone sentencing in President-elect Donald Trump's Manhattan criminal case, in which he was found guilty on all 34 felony counts of falsifying business records.
On Friday, Merchan granted a request from Trump's attorney to file a motion to dismiss the case, further pushing back the potential sentencing date, originally slated for July.
Merchan will 'seriously entertain throwing the whole case out.'
Trump's lawyer, Todd Blanche, sent a letter to Merchan on Wednesday requesting to file a motion to dismiss the case.
Blanche called Trump's election win "a mandate that supersedes the political motivations of DANY's 'People,'" referring to Manhattan District Attorney Alvin Bragg.
"This case must be immediately dismissed," he demanded.
Blanche argued that the potential continuation of the case would be "uniquely destabilizing" for the country.
Earlier this week, Bragg agreed with the defense's request to stay the case but noted that he would oppose a motion to dismiss.
Merchan declared that the motion for dismissal and the prosecution's response are due in early December.
Steven Cheung, a spokesperson for Trump and the incoming White House communication director, told Fox News Digital that the judge's latest announcement marked a "decisive win" for the president-elect.
"In a decisive win for President Trump, the hoax Manhattan case is now fully stayed and sentencing is adjourned," Cheung told the news outlet. "President Trump won a landslide victory, as the American people have issued a mandate to return him to office and dispose of all remnants of the Witch Hunt cases."
"All of the sham lawfare attacks against President Trump are now destroyed, and we are focused on Making America Great Again," he declared.
In response to Merchan's agreement to consider Blanche's request for dismissal, Turning Point USA founder Charlie Kirk wrote on X, "The legal assault against President Trump is dying a slow, painful, and embarrassing death."
Senior judicial analyst Judge Andrew Napolitano told Newsmax that Merchan's move indicated that he will "seriously entertain throwing the whole case out."
Napolitano explained that Merchan may toss the convictions based on two potential reasons: "Either because some of the evidence that he permitted the jury to hear was immunized by the [United States] Supreme Court after the case came down … or because Donald Trump is about to become president of the United States and he shouldn't have this interfering with his administration of the executive branch of the federal government."
He predicted that the courtroom "will be absolutely packed" when Merchan holds the oral argument for dismissal.
Napolitano noted that under New York State law, Trump is not convicted unless the sentencing is completed.
The other three criminal cases against Trump are also falling apart. Special counsel Jack Smith, who has led the two federal indictments against the president-elect, has requested the cancellation of related deadlines and is reportedly planning to wrap up his involvement and step down ahead of Inauguration Day. The Georgia case, a state-level indictment, remains on hold and likely far away from a trial date.
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Latest on Trump's cases: Where do the president-elect's legal challenges stand?
Donald Trump's presidential victory earlier this month has thrown the trajectory of his legal challenges into question.
On Tuesday, Manhattan District Attorney Alvin Bragg (D) asked for the New York criminal case against Trump to be put on hold during his presidency.
'A total and definitive victory for President Trump and the American people.'
While Trump's legal team sought to dismiss the case outright, Bragg opted instead to freeze it. Bragg's move may suggest that he hopes to revisit the case after Trump is no longer in office.
Prosecutors from Bragg's office wrote to Judge Juan Merchan, "The people deeply respect the office of the president, are mindful of the demands and obligations of the presidency, and acknowledge that defendant's inauguration will raise unprecedented legal questions."
"We also deeply respect the fundamental role of the jury in our constitutional system," prosecutors added.
Trump, who was found guilty on 34 felony charges of falsifying business records, was slated to face sentencing on November 26. With Merchan's approval of Bragg's freeze request, that date will be pushed back indefinitely.
Steven Cheung, a spokesperson for Trump, celebrated the pause and called it "a total and definitive victory for President Trump and the American people."
He told the New York Times, "The lawless case is now stayed, and President Trump's legal team is moving to get it dismissed once and for all."
The other state-level case lodged against Trump — this one in Georgia — also appears to be on hold.
On Monday evening, the state appeals court abruptly canceled a December 5 pretrial hearing to determine whether Fulton County District Attorney Fani Willis should be disqualified from the case after it was discovered she was having an affair with special prosecutor Nathan Wade, who has since stepped down.
The court did not provide a reason for the decision but noted that the hearing was tossed "until further order of this court."
Defense attorney Ashleigh Merchant, who brought the motion to recuse Willis, told the Atlanta Journal-Constitution that the unexpected cancellation is "not something you normally see."
"They could reschedule it," Merchant said. "It could mean they don't need to hear oral arguments and can decide it on the merits."
Townhall columnist Phil Holloway concurred with Merchant's assessment, predicting that the court "might" be prepared to rule without hearing oral arguments.
"If so, that likely means bad news for Willis," Holloway stated.
The two federal cases against Trump, led by special counsel Jack Smith, also seem to be nearing their conclusions. Sources told the Times that Smith intends to wrap up his involvement with the cases and step down before Trump's inauguration, Blaze News previously reported.
For the Washington, D.C., federal case alleging that Trump attempted to overturn the 2020 presidential election, Smith has requested the cancellation of all related deadlines.
In the Florida case in which Trump was charged with improperly handling classified documents, Judge Aileen Cannon of the Southern District of Florida had already dismissed the charges. While Smith initially sought to appeal the dismissal, he moved to put that appeal on hold last week.
The Department of Justice has a long-standing policy not to prosecute a sitting president, claiming that it "would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions," according to its website.
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Trump's vow to fire Jack Smith pushes special counsel to consider strategic exit: Report
President-elect Donald Trump's vow to fire Jack Smith upon reassuming office has reportedly prompted the special counsel to consider an early exit to avoid the impending termination.
According to the New York Times, sources have claimed that Smith plans to wrap up his work on the federal cases against Trump and retire before an administration change.
'The Office of Special Counsel is not immune from transparency or above accountability for its actions.'
Last month, Trump pledged to terminate Smith "within two seconds" of taking office.
"We got immunity at the Supreme Court. It's so easy," Trump said. "He'll be one of the first things addressed."
Trump also revealed that he intends to file a lawsuit against Smith. The president-elect's legal team has repeatedly argued that United States Attorney General Merrick Garland unlawfully appointed Smith to the special counsel position by sidestepping Congress.
Smith led two federal indictments against Trump. After Trump's re-election last week, Smith moved to vacate all deadlines in one of the federal cases, which accused Trump of attempting to overturn the 2020 presidential election. The move does not entirely drop the case against Trump.
The other federal case, which claimed Trump mishandled classified documents, was previously dismissed by Southern District of Florida Judge Aileen Cannon, who ruled that Smith was appointed unconstitutionally. Smith moved to appeal Cannon's decision.
While neither of the federal cases made it to trial, Smith is still required to submit a report of his findings. It is unclear whether Garland will release Smith's report to the public.
The Department of Justice has a long-standing policy that it cannot prosecute a sitting president because it "would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions," according to its website.
The House Judiciary Committee has raised concerns that Smith will attempt to purge the investigation records to hinder oversight.
Chairman Jim Jordan (R-Ohio) stated, "I assume there's going to be some report. But all we're saying is, 'preserve everything,' so we, the Congress, who have a constitutional duty to do oversight, can see everything."
In a letter to Smith, Jordan and Rep. Barry Loudermilk (R-Ga.) instructed him to retain all records.
"With President Trump's decisive victory this week, we are concerned that the Office of Special Counsel may attempt to purge relevant records, communications, and documents responsive to our numerous requests for information. The Office of Special Counsel is not immune from transparency or above accountability for its actions," the congressmen wrote.
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Judge punts ruling in Trump's New York criminal case as Democrats' lawfare crumbles
New York Judge Juan Merchan has postponed deciding whether to uphold or dismiss the criminal conviction against President-elect Donald Trump. Merchan was scheduled to make his ruling on Tuesday but has agreed to freeze the case until November 19.
In the New York case, Trump was found guilty by a jury on all 34 counts of falsifying business records. His sentencing is slated for November 26.
'It's time for the judge to recognize reality and to dismiss this case.'
According to court filings, Trump's legal team requested the stay and an eventual dismissal of the conviction.
Trump's lawyers have argued that the case and convictions should be thrown out based on the United States Supreme Court's ruling on presidential immunity.
Trump's attorney Emil Bove contended, "The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump's ability to govern," the court filings showed.
Prosecutor Matthew Colangelo agreed with the stay, stating that "these are unprecedented circumstances" and the defense's arguments "require careful consideration."
Trump campaign spokesperson Steven Cheung stated that Trump's presidential victory last week was "an overwhelming mandate to Make America Great Again."
"It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system, including this case, which should have never been filed, so we can, as President Trump said in his historic victory speech, unify our country and work together for the betterment of our nation," Cheung stated.
George Washington University law professor Jonathan Turley reacted to Merchan's decision to delay the ruling, telling Fox News, "The Trump team did succeed in getting this delay. What they don't want is an indefinite status. They don't want this just to be lingering."
He explained that Trump's legal team "will be arguing in the next week that it's time for the judge to recognize reality and to dismiss this case."
The other pending cases against Trump are also falling apart following his election.
Special counsel Jack Smith, who was tasked with overseeing the two federal cases against Trump, has since requested to vacate all deadlines in one of the cases. A federal judge previously dismissed Smith's other federal case. The Georgia criminal case against Trump has been tied up in an appeals court.
However, despite the election outcome, New York Attorney General Letitia James has vowed to continue her lawfare against Trump.
Mike Davis, founder of the Article III Project, told Benny Johnson, "Let me just say this to Big Tish James, the New York Attorney General. I dare you. I dare you to try to continue your lawfare against President Trump in his second term."
"Because listen here, sweetheart: We're not messing around this time. And we will put your fat ass in prison for conspiracy against rights," he continued. "And I promise you that. So think long and hard before you want to violate President Trump's constitutional rights or any other American's constitutional rights. It's not going to happen again."
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