When Attorney General Merrick Garland appointed Jack Smith as special counsel, it created all kinds of problems for Donald Trump.
Smith went after Trump on several different fronts, but winning office saved Trump from his sword.
Now, the GOP is looking to go after Smith, alleging election interference.
The investigations into Trump regarding the 2020 election were in full swing when Trump announced that he was going to run for president.
Garland responded by moving the investigation over to a special counsel’s office.
He stated, "Based on recent developments, including the former president's announcement that he is a candidate for president in the next election, and the sitting president's stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel.”
Garland continued, "Such an appointment underscores the department's commitment to both independence and accountability in particularly sensitive matters. It also allows prosecutors and agents to continue their work expeditiously, and to make decisions indisputably guided only by the facts and the law."
In what I believe is one of the most misunderstood and misinterpreted rulings in the history of the Supreme Court, the Court ruled that presidents have broad immunity for official actions of the presidency.
In that ruling, the Court kicked Jack Smith’s case back, basically telling him that he needed to be more specific in his indictment so the Court could weigh whether the alleged act was an official presidential act or that of a civilian who just happened to be president.
In the revised indictment, Smith hit Trump with four different crimes.
They were: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
I think the GOP would be best served to just let Jack Smith die under a rock, but Senator Tom Cotton (R-AR) is now talking about going after Smith for possible election interference.
He stated, "As the Office of the Special Counsel is tasked with ensuring federal employees aren't conducting partisan political activity under the guise of their federal employment, you're well situated to determine whether Smith broke the law.
"Many of Smith's legal actions seem to have no rationale except for an attempt to affect the 2024 election results – actions that would violate federal law.”
Cotton has a brilliant legal mind, and he is making a very good argument in the media, but I am just not sure it will stick in a court of law. I also happen to think it is best to just put this all behind us, but believe me, I understand the desire to take Smith down and make him pay.