I am sending this short note to channel our communal outrage and disgust over the dismissal of the election interference and defense secrets criminal cases against Donald Trump.
Historians will shake their heads in disbelief that the Department of Justice and the Supreme Court failed to protect American democracy against a hostile takeover by a convicted felon who sought the presidency to escape justice.
Special counsel Jack Smith is blameless. He worked diligently to bring Trump to justice. After Trump’s re-election, Smith asked the DOJ’s Office of Legal Counsel for guidance regarding continued prosecution of Trump. The Office of Legal Counsel told Smith it was impermissible to continue the prosecution of Trump in light of the DOJ’s existing policies and the immunity ruling in Trump v. US. Smith chose the only ethical path: He complied with the DOJ’s binding legal opinion and requested dismissal of the cases.
All of the blame belongs to Merrick Garland, the DOJ, and the Supreme Court.
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