Jack Smith and his novel criminal legal theories are falling apart.

Jack Smith is just playing the Lawfare Champion part for the establishment. It was supposed to make Trump too toxic, but that doesn't appear to be working...

So does the establishment choose another plan, or double-down? We will see...

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How does a man with a novel criminal legal theory, who has been scorned before for such activity by SCOTUS, feel he has the right to demand SCOTUS rule on whether a President can be prosecuted?

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OMB. They think the Rule of Law does not apply to him and many of his supporters. The ends justify the means.

Jack shifting in his legal pants because if he convicts Trump and case gets overturned he may get his license lifted because of his past BS cases he has lost before the SCOTUS.

He’s wants to get the blessings before the court before he convicts Trump.

Court will probably say ‘ screw you’ we will only judge when case is over.

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I would think team Trump would like this to happen?

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Oh, I agree. But generally SCOTUS does not entertain legal theory without lower court arguments. I really do not expect SCOTUS to hear it due to judicial precedence.

POTUS does have accountability. It’s called impeachment. He was acquitted.

I wouldn’t be surprised if it’s dismissed. But I also wouldn’t be surprised if they make it go through appellate to hear more opinions.

It’s an interlocutory ruling. The fact that Smith wants the court to rule on the immunity issue pre-trial is curious to me. I think Smith understands that if SCOTUS grants the writ, the case would be argued in the spring and then decided in October. If Trump loses, which he probably will on total immunity, then it becomes an October surprise that the dems can use to persuade undecided voters that Trump is going to prison—even though if Trump won—the case would be stayed based on Paula Jones v. Bill Clinton.

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So does the establishment choose another plan, or double-down? We will see..

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Yea. They are actively trying to give him the JFK treatment.

Layers and layers of world class private security over his secret service. The man is never alone. Only stays at his properties. Only flies in his aircraft.

If they can’t JFK him lookout for something dramatic happening next year. They will not let him back in the white house without a fight.

I wouldn’t be surprised if they ruled that the acquittal in the senate legally precludes the criminal charges on a separation of powers theory.

The only other case that has dealt with it I believe involved Nixon who was impeached but who resigned before he was tried in the senate.

Furthermore- nothing would prohibit the SCOTUS from sanctioning Smith for bringing this case on a relatively novel legal theory - especially in light of the acquittal by the senate.

I just don’t think it bodes well for Smith or Chutkan that they want to hear the matter on an expedited basis. If the judges thought that immunity didn’t apply, they would wait till after the trial to hear it.

It's a rush to put him in jail before votes are cast in the general primary. They are preemptively heading off a lengthy appeal. They are getting desperate.

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just don’t think it bodes well for Smith or Chutkan that they want to hear the matter on an expedited basis.

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It telegraphs their motive as being political in nature.

I expect SCOTUS to make a landmark ruling and straddle the fine line of leaving a POTUS open to prosecution under the right conditions, but dismissing these charges due to impeachment acquittal and how this case is being handed.