….Which brings us to the second point: Smith’s proactive filing is prejudicial to Trump, legally and politically. It’s ironic. Smith has complained throughout the case that Trump’s words might taint the jury pool. Accordingly, the special counsel requested a gag order that was so preposterously broad that even Judge Chutkan slimmed it down considerably (and the Court of Appeals narrowed it further after that). Yet Smith now uses grand-jury testimony (which ordinarily remains secret at this stage) and drafts up a tidy 165-page document that contains all manner of damaging statements about a criminal defendant, made outside of a trial setting and without being subjected to the rules of evidence or cross-examination, and files it publicly, generating national headlines. You know who’ll see those allegations? The voters, sure — and also members of the jury pool.”
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Elie Honig, Chief Legal Analyst, CNN: “First, this is backward. The way motions work — under the federal rules, and consistent with common sense — is that the prosecutor files an indictment; the defense makes motions (to dismiss charges, to suppress evidence, or what have you); and then the prosecution responds to those motions. Makes sense, right? It’s worked for hundreds of years in our courts. Not here. Not when there’s an election right around the corner and dwindling opportunity to make a dent. So Smith turned the well-established, thoroughly uncontroversial rules of criminal procedure on their head and asked Judge Chutkan for permission to file first — even with no actual defense motion pending. Trump’s team objected, and the judge acknowledged that Smith’s request to file first was ‘procedurally irregular’ — moments before she ruled in Smith’s favor, as she’s done at virtually every consequential turn….
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….I’m going to hand this one over to one of DOJ’s most esteemed alums, who explained it this way to the Justice Department’s internal watchdog: ‘To me if it [an election] were 90 days off, and you think it has a significant chance of impacting an election, unless there’s a reason you need to take that action now, you don’t do it.’ Those words were spoken by Sally Yates — former deputy attorney general, venerated career prosecutor, no fan of Trump (who unceremoniously fired her in 2017), and liberal folk hero. As usual, Yates is spot on. And her explanation conveys this indelible truth: If prosecutors bend their principles depending on the identity of their prey, then they’ve got no principles at all.”
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Elie Honig, Chief Legal Analyst, CNN: “Smith’s conduct here violates core DOJ principle and policy. The Justice Manual — DOJ’s internal bible, essentially — contains a section titled “Actions That May Have an Impact on the Election.” Now: Does Smith’s filing qualify? May it have an impact on the election? Of course. So what does the rule tell us? “Federal prosecutors … may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election.” Remember, Smith begged the judge to flip the rules on their head so he could file this document first, and quickly — “any action,” by any reasonable definition — with the election right around the corner….
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….Which brings us to the second point: Smith’s proactive filing is prejudicial to Trump, legally and politically. It’s ironic. Smith has complained throughout the case that Trump’s words might taint the jury pool. Accordingly, the special counsel requested a gag order that was so preposterously broad that even Judge Chutkan slimmed it down considerably (and the Court of Appeals narrowed it further after that). Yet Smith now uses grand-jury testimony (which ordinarily remains secret at this stage) and drafts up a tidy 165-page document that contains all manner of damaging statements about a criminal defendant, made outside of a trial setting and without being subjected to the rules of evidence or cross-examination, and files it publicly, generating national headlines.”
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Elie Honig, Chief Legal Analyst, CNN: “First, this is backward. The way motions work — under the federal rules, and consistent with common sense — is that the prosecutor files an indictment; the defense makes motions (to dismiss charges, to suppress evidence, or what have you); and then the prosecution responds to those motions. Makes sense, right? It’s worked for hundreds of years in our courts. Not here. Not when there’s an election right around the corner and dwindling opportunity to make a dent. So Smith turned the well-established, thoroughly uncontroversial rules of criminal procedure on their head and asked Judge Chutkan for permission to file first — even with no actual defense motion pending. Trump’s team objected, and the judge acknowledged that Smith’s request to file first was ‘procedurally irregular’ — moments before she ruled in Smith’s favor, as she’s done at virtually every consequential turn….
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Jonathan Turley: “The Supreme Court handed down a major ruling on Presidential Immunity….That’s the real question here of why Judge Chutkan, who has said that she will not consider the Election in her decisions, but why she still saw this as the right time to release this…For many, this is sort of a gratuitous act. You don’t have to release this before the Election.”
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Andrew McCarthy: “The point of this was to try to get this information, which has been hashed out again and again before the American people. None of this is new, but the idea was to get the evidence out in a spectacular way as possible. The point of releasing this now can only be to affect the Election. There’s no legal need for it.”
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Judge Jeanine Pirro: “There’s no question that the Department of Justice has had regulations over the years that say - Whenever there is an Election on a State or National level, you do not release, Number One, an investigation, an Indictment, anything that may impact the Election…This is definitely Election Interference—There’s nothing new in this. It’s the same old stuff, over and over again. Where Hunter Biden got the benefit of every doubt in every calendar, and every schedule, and every statute of limitations, they’re doing whatever they can to hurt Donald Trump.”
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….Our powerful papers filed today lay out these key facts in irrefutable detail, as well as so much more that ENDS this Scam! Crazy Nancy Pelosi admitted to her beloved “filmmaker genius daughter,” that she alone was “responsible” for the events of January 6th. Chairman Barry Loudermilk exposed that the Deep State DISRESPECTFULLY DISREGARDED my authorization of at least 10,000 National Guard troops to keep D.C. safe and secure on that day. Vitally, the Supreme Court’s Historic Fischer and Immunity Decisions, and the DOJ’s Ironclad 60 day “No Election Interference” Rule, require that the D.C. J6 Witch Hunt be IMMEDIATELY DISMISSED, just like the Documents Hoax was dismissed in Florida!
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SHAMEFUL! The Radical Democrats, led by Comrade Kamala Harris and Deranged Jack Smith, are lying to the American People, and trying to hide the fact that I specifically said, “PEACEFULLY AND PATRIOTICALLY” to the huge crowd of Patriots gathered in Washington, D.C. on January 6th. The Lunatic Liberals are also trying to illegally hide, just like the Social Media companies did for years, my Rose Garden Statement from that day, when I again urged Peace, Calm, and Support for our Men and Women of Law Enforcement….
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Big story. Normally, this would end her run…it should!
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“When we heard that Biden was just going to be flying around. As our president, where is that guidance. You’re supposed to be here helping us with this. It’s almost a sense of abandonment.”
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“Hurricane Helene Victim Speaks Out Against Kamala Harris Admin”
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(image TRUTH)
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