Cogito Ergo Non Serviam
Smith Report Says Trump Conviction Certain
Special Prosecutor Jack Smith, who recently resigned from the Department of Justice, has released the part of his report detailing the January 6 coup attempt. The most important words he wrote are, "But for Mr Trump's election [in 2024] and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial." In other words, the admissible evidence shows Mr. Trump to be guilty of criminal behavior and rather than send him to jail, he is going to the White House. As the pastor might say, "Here endeth the rule of law."
The report was issued after midnight last night following a flurry of legal maneuvers by the incoming, MAGA infested, Trump administration to prevent it. They went to their favorite judge, Aileen Cannon (who should send Mr. Trump a bill for her legal help in his defense), and she put a temporary stop to its release with a court order. The case was not before her, and she has no jurisdiction over the matter, but she issued the order all the same. This journal suspects pressure from the Trump team forced this, but a looming appeal to the Eleventh Circuit, which routinely has reversed Judge Cannon, got the matter settled.
The part of the report detailing the stolen, classified documents is still hidden from the American taxpayer who paid for it. As the BBC noted, "Walt Nauta, Trump's personal aide, and Carlos De Oliveira, the property manager at Mar-a-Lago, are accused of helping Trump hide the documents.
"Unlike Trump's, their cases are still pending -- and their lawyers argued that the release of Smith's report could prejudice a future jury and trial."
That seems fair. The delay in releasing this part of the report does not unduly inconvenience the public and its right to know while it does safeguard the defendants' rights to a fair trial. The minute their verdict is read, however, that argument goes away, and the balance of the report should see the light of day. Sadly, it probably will not.
On Monday, the Biden administration hands over the keys to the government and the Trump administration will act to suppress the report. Between Mr. Trump himself and incoming Attorney-General Pam Bondi of Florida, it is quite possible that they will destroy to document before anyone outside of government sees it. One suspects it has the same conclusion as the January 6 section, viz., Mr. Trump is guilty of taking the classified documents, failing to return them to the National Archives and hiding them from the FBI during a court-ordered search for them.
In the end, the system failed to hold Mr. Trump accountable. Mr. Smith wrote "The (Justice) Department's view that the Constitution prohibits Mr. Trump's indictment and prosecution while he is in office is categorical and does not turn on the gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution -- all of which the Office stands fully behind."
He also wrote, "The [2024] election results raised for the first time the question of the lawful course when a private citizen who has already been indicted is then elected president."
That is how the protectors of the institutions undermined the institutions they were trying to save. Simply because one is president does not mean one can be a criminal despite what the voters might say. A person who commits a crime must face punishment, or the law means nothing. Mr. Trump got the Supreme Court to hand him a Get-Out-of-Jail-Free card with its immunity ruling, and the gutless Justice Department opinion that a president cannot be tried is also contributing to the death of the rule of law.
Mr. Trump is a convicted felon thanks to a jury in Manhattan. He will never be punished, though. He will continue to act as he has. One doubts the Republic can survive without a significant counter-attack, of which there is no sign.
© Copyright 2025 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Ubuntu Linux.
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