Rep. Jim Jordan Demands Documents Related to DOJ Investigation of Jack Smith Amid Misconduct Allegations

Rep. Jim Jordan

by Misty Severi   House Judiciary Chairman Jim Jordan on Wednesday sent a letter to the Justice Department (DOJ) requesting information about the department’s alleged misconduct investigation into special counsel Jack Smith. Justice Department officials briefed lawmakers on the investigation last month, which was opened after an employee under Smith “self-reported” possible misconduct by his office, according to the Washington Examiner. Jordan told Jeffrey Ragsdale, the DOJ Office of Professional Responsibility official who conducted the briefing, that he was not satisfied with the investigation, and that the letter should serve as a “preservation notice” of his records of the inquiry. Ragsdale told lawmakers that the inquiry was opened in June 2023, but he was unable to investigate further because of Smith’s prosecutions of President-elect Donald Trump. The investigation would have allegedly interfered with the cases. Details about the nature of the alleged misconduct was not immediately clear. “While we appreciate you confirming an open investigation into Jack Smith’s prosecutors, we are concerned that your refusal to take prompt investigative steps will allow these attorneys to evade internal accountability by leaving the Department,” Jordan wrote. The chairman said the briefing did not alleviate the committee’s concerns and asked the office to produce all relevant…

Read the full story

Legal Expert Lays Out Why Trump’s Legal Cases Will Not Return After He Leave Office in Four Years

Elie Honig, CNN clip

by Nicole Silverio   CNN senior legal analyst Elie Honig said Tuesday that the dismissed legal cases against President-elect Donald Trump will not return once he leaves office in January 2029. Judge Tanya Chutkan granted Special Counsel Jack Smith’s request Monday to dismiss the election subversion case he brought against President-elect Donald Trump to align with the Department of Justice’s (DOJ) precedent of not prosecuting a sitting president. Honig said while the case was dismissed without prejudice, there are many strategies the Trump administration can adopt in order to ensure the case is never revived. “Yes, technically the cases were dismissed without prejudice, which means technically someone could come back in 4 years and reinstitute these charges. But that’s correct in the same sense that the New York Jets could technically make it to the Super Bowl this year,” Honig said. “It’s not mathematically eliminated. That’s not gonna happen for a lot of reasons. First of all, four years from now is an eternity. Whoever the next president is in 2029, the next attorney general is gonna have no appetite in bringing this case back and you’re right, Jim [Acosta], there are moves Donald Trump’s DOJ could make. They can go back…

Read the full story

Analysis: Top Five Threats to Election Integrity Ahead of the Presidential Election

Voters

While there are dozens of ongoing election integrity issues, a newly released report from a watchdog group lists the top 50 election threats that the U.S. is facing with less than three weeks until the presidential election.

Election integrity has has a spotlight shined on it since the contentious aftermath of the 2020 presidential election and although some states have made improvements, many issues still remain.

Read the full story

Jack Smith Should Not Disclose More Evidence Against Trump During Early Voting, Trump Attorneys Argue

Special counsel Jack Smith should not release more evidence in his case against former President Donald Trump during early voting, defense attorneys told the judge in a filing Thursday.

Allowing Smith to release the appendix attached to his motion on presidential immunity, which Judge Tanya Chutkan already allowed Smith to file on the public docket, would be a continuation of “overt and inappropriate election interference,” Trump’s attorneys argued.

Read the full story

Jack Smith’s Use of Obstruction Law Limited by Supreme Court ‘Fatally Undermines’ Case, Trump Attorneys Argue

Supreme Court

Special counsel Jack Smith’s election interference case falls apart under recent Supreme Court precedent, former President Donald Trump’s attorneys said Thursday.

The Supreme Court’s ruling in Fischer v. United States, which scaled back the Biden-Harris Department of Justice’s (DOJ) overbroad use of an obstruction statute designed to target corporate document shredding against Jan. 6 defendants, “fatally undermines” two counts and requires dismissing two others, Trump’s attorneys wrote.

Read the full story

Jack Smith Argues Trump Isn’t Immune to Charges in D.C. Election Case

Special counsel Jack Smith on Wednesday submitted a new filing in his DC election case against former President Donald Trump, arguing that he is not immune from prosecution in light of the Supreme Court’s recent ruling on presidential immunity. Smith originally charged Trump with four counts related to his efforts to challenge the 2020 presidential election. Trump had argued he was immune form prosecution due to presidential immunity. The Supreme Court, earlier this year, found that the president enjoys immunity for constitutional acts and presumptive immunity for official acts. Smith subsequently filed a revised indictment and has asked the court to determine that Trump’s alleged conduct does not fall within the scope of presidential immunity.

Read the full story

Trump Attorneys Ask Judge to Stop Jack Smith from Making Case in ‘Court of Public Opinion’ Before Election

Special counsel Jack Smith should not be allowed to make an important public filing in his election interference case against former president Donald Trump while there are lingering evidence disputes, Trump’s attorneys told the judge Thursday.

His attorneys urged Judge Tanya Chutkan, who set a schedule allowing prosecutors to file the first brief on presidential immunity Sept. 26, to reconsider her decision. Without addressing ongoing evidence issues, Smith’s filing would “amount to an improper motion for summary judgment in the court of public opinion” ahead of the election, they argued.

Read the full story

U.S. Attorney Who Secured Search Warrant for Rep. Andy Ogles Was Previously Partner at Law Firm ‘100% Committed’ to DEI

United States Attorney Henry C. Leventis

Henry Leventis, the U.S. Attorney for the Middle District of Tennessee, was previously a partner at a law firm which claims to be “100 [percent] committed” to Diversity, Equity and Inclusion (DEI), the controversial practices conservatives complain reward individuals based on their gender, skin color or other immutable characteristics rather than character or capability.

Leventis worked as the First Assistant U.S. Attorney for the Middle District of Tennessee from 2015 until 2020, when he left the Department of Justice (DOJ) for a private sector job.

Read the full story

Jack Smith Requests Delay in Trump Case to Assess Impact of Supreme Court’s Presidential Immunity Ruling

Special counsel Jack Smith requested a delay Thursday night in former president Donald Trump’s election interference case.

Prosecutors wrote in a filing that the government is still assessing the impact of the Supreme Court’s presidential immunity ruling and asked for the timeline to be pushed back several weeks. Judge Tanya Chutkan previously scheduled a hearing for Aug. 16, but Smith requested permission to instead file a proposed schedule for pretrial proceedings by the end of the month, effectively delaying any action until September.

Read the full story

Judge Chutkan Faces Long Road to Get Trump Case Back on Track After Presidential Immunity Ruling

Judge Chutkan with Donald Trump in courtroom (composite image)

District Court Judge Tanya Chutkan will face challenges getting a Trump case that’s unlikely to proceed to trial before the election — or possibly ever — back on track.

After former President Donald Trump’s presidential immunity appeal brought on a months-long delay in the election interference case prosecuted by special counsel Jack Smith, the case finally returned to Chutkan on Friday. Though she wasted no time scheduling a hearing for August 16 and asking both parties to submit a schedule for pretrial proceedings by August 9, legal experts told the Daily Caller News Foundation that efforts to advance the case will meet continued challenges.

Read the full story

U.S. Attorney Who Oversaw FBI Search Warrant Served on Rep. Andy Ogles Previously Served Under Jack Smith

Henry Leventis, Jack Smith

Henry Leventis, the U.S. Attorney for the Middle District of Tennessee who oversaw the FBI search warrant served on Representative Andy Ogles (R-TN-05) last Friday, previously served as an Assistant U.S. Attorney under special prosecutor Jack Smith.

Leventis supervised the FBI search warrant executed at Ogles’ Maury County home. In a statement, Ogles said the warrant was issued to obtain his personal cell phone due to well-reported issues with his initial campaign filings. Ogles filed amendments earlier this year that he claims corrected what were honest mistakes.

Read the full story

Commentary: The Economics of Early Voting

After the recent assassination attempt on Donald J. Trump, some think the race is Trump’s to lose. I tend to agree that the race is in some ways Trump’s to lose, while at the same time feel very strongly that the left is not going to simply roll over and give up on trying to keep Trump from a second term.

So it’s important to not be over-exuberant; Trump is absolutely riding high right now, from the debacle of a debate for Biden to Judge Cannon dismissing the Jack Smith documents case to surviving an assassination attempt. But the right needs to focus on what takes place between now and November 5th, specifically on how every Republican and conservative can help Trump win by doing one simple thing: casting your ballot early.

Read the full story

Mar-a-Lago Case Dismissal Could Spell the End of Smith’s D.C. Prosecution and Anti-Trump Lawfare

Mar-a-Lago Documents

After surviving an assassination attempt over the weekend, Trump began the week with good news in the form of Judge Aileen Cannon dismissing special counsel Jack Smith’s Mar-a-Lago case against him in a seismic ruling that could spell the end of his federal legal woes and build on his existing momentum in the national spotlight.

Smith had charged Trump in connection with his storage and retention of materials at his Mar-a-Lago estate, which the FBI raided in August of 2022. Attorney General Merrick Garland appointed Smith in late 2022 to pursue the case and he brought an initial indictment in 2023. Trump pleaded not guilty though Smith in July of that year brought a superseding indictment with additional charges. The former president has long maintained he was innocent of any wrongdoing and that the case was part of a broader political witch hunt designed to derail his 2024 bid for the White House.

Read the full story

Legal Analyst Christy Kelly Breaks Down SCOTUS Ruling on Presidential Immunity and How It May Affect Lawfare Against Former President Trump

Trump SCOTUS

Christy Kelly, reporter at The Arizona Sun Times, said the U.S. Supreme Court’s 6-3 ruling on Monday in Trump v. United States that former President Donald Trump is immune from federal prosecution for official acts he took while in office is certain to affect current and past litigation surrounding the former president.

However, the nation’s highest court also ruled that there is no immunity for unofficial acts.

Read the full story

Commentary: The Left Knows Leftism Doesn’t Work

Joe Biden in front of a burning building (composite image)

Do not expect the radical left to survey the wreckage of socialism and communism in history and accept that statism impoverishes people and erodes their freedoms. There will never be admissions by our elite that progressivism exists mainly for the acquisition of power by the utopian and virtue-signaling few, who ensure that they are never subject to the baleful implementation of their ideological agendas on the rest of us.

Still, leftists look around at what they have done to America in the last four years and implicitly know that the plan did not work, the people detested it, or both.

Read the full story

CNN’s Jake Tapper Trashed Trump for Years, Now He’s Moderating Presidential Debate

Jake Tapper

CNN’s Jake Tapper and Dana Bash will moderate the first presidential debate between President Joe Biden and former President Donald Trump.

The role is typically meant to be that of a neutral custodian of the conversation between the participants, though Tapper’s long history of harshly criticizing Trump while on the air raises questions about his ability to remain even-handed.

Read the full story

Commentary: Defund and Investigate Jack Smith

Jack Smith

Special Counsel Jack Smith was supposed to be basking in glory right now.

In his ideal world, Smith would be hot off a quick conviction of Donald Trump in Washington, D.C. for the former president’s alleged role in the events of January 6 and attempts to “overturn” the 2020 election. The special counsel then would have immediately moved his victorious prosecutors to Palm Beach for the summer to prepare for Trump’s second federal trial related to allegedly stealing national defense information and impeding the Department of Justice’s investigation.

Read the full story

Commentary: Judge Cannon Puts Jack Smith on Trial

Jack Smith

U.S. District Court Judge Aileen Cannon may have just indefinitely postponed Donald Trump’s espionage and obstruction trial but that doesn’t mean her federal courtroom in Fort Pierce, Florida will lie dormant over the next few months.

In officially vacating the existing May 20 trial date—an impossibility considering the defendant will be in a Manhattan courtroom for the foreseeable future—Cannon declined to set another date, calling it “imprudent” at this stage of the process. She noted a “myriad” of unresolved matters in Special Counsel Jack Smith’s 42-count indictment against the former president and his two co-defendants, Mar-a-Lago employees Waltine Nauta and Carlos De Olivera, for willfully retaining national defense information and attempting to impede the government’s investigation.

Read the full story

Commentary: The Travesties of the Trump Trials

Do not believe the White House/mainstream media-concocted narrative that the four criminal court cases—prosecuted by Alvin Bragg, Letitia James, Jack Smith, and Fani Willis—were not in part coordinated, synchronized, and timed to reach their courtroom psychodramatic finales right during the 2024 campaign season.

These local, state, and federal Lilliputian agendas were designed to tie down, gag, confine, bankrupt, and destroy Trump psychologically and physically. They are the final lawfare denouement to years of extra-legal efforts to emasculate him.

Read the full story

House Dems Move to Strip Trump of Secret Service Protection, If Convicted

Donald Trump Secret Service

A group of House Democrats on Friday introduced legislation to strip former President Donald Trump of his Secret Service protection should he be convicted in one of the myriad criminal cases against him.

Trump is currently on trial in Manhattan District Attorney Alvin Bragg’s case over allegedly falsifying business records. Trump has pleaded not guilty and contends that the case is part of broader political witch hunt against him. He also faces two separate federal indictments from special counsel Jack Smith and a fourth from Fulton County District Attorney Fani Willis.

Read the full story

Julie Kelly Commentary: The Supreme Court Can Right an Egregious Wrong in Jan 6 Cases, But Will It?

In July 2023, Joshua Youngerman was arrested in California on five misdemeanors for his participation in the events of January 6. According to charging documents, Youngerman entered the Capitol at 2:37 p.m. — 20 minutes after the House went into recess amid the escalating chaos — through an open door as Capitol Police stood by. He exited through the same door two minutes later. But just last week, U.S. Attorney for the District of Columbia Matthew Graves added another charge to Youngerman’s case: 18 U.S.C. § 1512(c)(2), obstruction of an official proceeding. Youngerman is one of more than 330 J6ers charged with the evidence-destroying statute passed in the wake of the Enron-Arthur Anderson accounting scandal that Joe Biden’s Justice Department has weaponized to punish Americans who protested Biden’s election that afternoon. The count also is included in both of Special Counsel Jack Smith’s indictments against Donald Trump. Graves’ decision to indict Youngerman now is a stunning act of hubris and defiance. Why? Because the Supreme Court will hear oral arguments this Tuesday in Joseph Fischer v. USA, which challenges the government’s interpretation of the obstruction count in Jan 6 cases. Many legal and court observers expect the court to wholly or partially overturn how the…

Read the full story

Jack Smith Criticizes Trump Documents Judge’s Instructions as ‘Fundamentally Flawed’

Special Counsel Jack Smith

Special counsel Jack Smith criticized the federal judge overseeing former President Donald Trump’s classified documents trial as relying on a “fundamentally flawed legal premise” that “would distort the trial,” when she ordered both parties to submit jury instructions.

Smith’s sharp response Tuesday comes after Florida-based U.S. District Court Judge Aileen Canon last month asked attorneys to submit instructions based on two scenarios. In the first one, the jury would consider whether records Trump allegedly possesses are personal or presidential under the Presidential Records Act. The second scenario, Canon wrote, would assume that “the Presidential Records Act gives the president the sole authority to categorize records as personal or presidential during their time in office,” which would make the case significantly more difficult to prosecute.

Read the full story

Trump’s Former Attorney John Eastman in Good Spirits About the Ongoing Lawfare Against Him, Both Prosecution and Disbarment Proceedings

Trump’s former attorney and constitutional legal scholar, John Eastman, who is undergoing lawfare as a result of his representation of Trump in the 2020 election challenges, is facing multiple legal proceedings but is in good spirits.

Eastman, widely considered one of the top legal scholars on the right, who founded the Claremont Institute’s Center for Constitutional Jurisprudence, served as dean for Chapman University’s Dale E. Fowler School of Law, and clerked for Supreme Court Justice Clarence Thomas, told The Arizona Sun Times during an interview that he remains “cheerful but defiant.”

Read the full story

Julie Kelly Commentary: In the Room at Friday’s Florida Hearing in Trump’s Classified Documents Case

FL Judge Aileen Cannon Infront of florida courthouse

I am digging into a few other matters related to this case, the contempt order issued Thursday against veteran investigative reporter Catherine Herridge, and a new appellate court ruling overturning the use of a sentencing enhancement for J6ers convicted of the controversial 1512(c)(2) charge so unfortunately I can’t write a full article on yesterday’s hearing that I attended in person in Fort Pierce. So I want to share my X posts about what happened.

A few additional observations: Judge Cannon’s approach and style is inimical from that of judges in D.C. For part of the proceedings, I kept thinking how DOJ’s J6 prosecution in Washington would be so different if only half the judges were as careful and prepared and nontheatrical as Cannon. I shared this with a J6 defense attorney last night and he agreed.

Read the full story

Jack Smith Makes Another Push to Keep Documents Under Seal

Jack Smith

Special Counsel Jack Smith asked Judge Aileen Cannon on Thursday to reconsider her decision to unseal certain documents prosecutors wanted to keep from the public docket.

Cannon, who is overseeing the classified documents case against former President Donald Trump in Florida, ruled Tuesday that certain discovery material Smith wanted to keep under seal because it could impact the safety of potential witnesses would be disclosed out of the “strong presumption of public access in criminal proceedings.” Smith urged Cannon to reconsider her decision, arguing that she “applied the wrong legal standard and issued orders that, in practice, will expose witnesses and others to intolerable and needless risks.”

Read the full story

Commentary: Was It Legal to Appoint Jack Smith in the First Place?

Jack Smith

Was Special Counsel Jack Smith illegally appointed by Attorney General Merrick Garland and is his prosecution of former Pres. Donald Trump unlawful? That is the intriguing issue raised in an amicus brief filed in the Supreme Court by Schaerr Jaffe, LLP, on behalf of former Attorney General Ed Meese and two law professors, Steven Calabresi and Gary Lawson, in the case of U.S. v. Trump.

We won’t get an immediate answer to this question because on the Friday before Christmas, the Supreme Court issued a one-line order refusing to take up Smith’s request that the court review Trump’s claim of presidential immunity, which was denied by the trial court, in the federal prosecution being pursued by Smith in the District of Columbia. The special counsel had petitioned the court to take the case on an expedited basis, urging the justices to bypass review by the Court of Appeals for the D.C. Circuit.

Read the full story

Commentary: DC Appellate Judges Use ‘Unprecedented Approach’ to Get Trump’s Twitter Files

Trump DC

In January 2023, two months after his appointment as special counsel, Jack Smith applied for a search warrant to obtain all of the data associated with Donald Trump’s long-dormant Twitter account. Smith sought not just public posts but direct messages, drafted and deleted posts, and the identity of any individual with access to the account. Smith also asked for “all users [Trump’s account] has followed, unfollowed, muted, unmuted, blocked, or unblocked, and all users who have followed, unfollowed, muted, unmuted, blocked, or unblocked” Trump’s account.

The application was stunning in scope with no justification as to why the government needed such a limitless trove of information—particularly one that clearly ran afoul of Trump’s right to assert executive privilege. So, Smith neatly settled that matter by additionally asking for a nondisclosure order that prevented Twitter from notifying Trump about the search warrant for 180 days.

Read the full story

DOJ Attorney Playing Key Role in Jack Smith’s Prosecution of Trump Worked on Case That Put Pro-Life Activist in Jail

Molly Gaston

One of the prosecutors helping special counsel Jack Smith prosecute former President Donald Trump for alleged efforts to overturn the 2020 election also worked on a high-profile case against a pro-life activist.

Molly Gaston, a prosecutor who spent years in the District of Columbia U.S. Attorney’s Office and is now playing a key role on Smith’s team, worked on the early stages of the prosecution of pro-life activist Lauren Handy. Handy had been in jail since August when she, along with four co-defendants, were found guilty of violating the Freedom of Access To Clinic Entrances (FACE) Act for blocking access to a Washington, D.C., abortion clinic in 2020.

Read the full story

Commentary: The Hackery of Judge Florence Pan

If a court proceeding held in the nation’s capital on Tuesday is an indication of how 2024 will go—things will be a lot worse than even the biggest skeptic predicted.

A three-judge panel of the Court of Appeals for the District of Columbia—Biden appointees Florence Pan and Michelle Childs and George H. W. Bush appointee Karen Henderson—heard oral arguments for Donald Trump’s appeal of a lower court decision that concluded presidents are not immune from criminal prosecution for their conduct in office. The appeal originated out of Special Counsel Jack Smith’s four-count indictment against the former president related to the events of January 6.

Read the full story

Prosecutor on Special Counsel Jack Smith’s Team Shut Down FBI Investigation into the Clinton Foundation in 2016

Clinton Foundation

A top prosecutor on Special Counsel Jack Smith’s team recommended that the FBI shut down an investigation into the Clinton Foundation in 2016, despite ample evidence of suspicious activity related to hundreds of thousands of dollars in foreign transactions, Fox News reported.

In his May 2023 report on the FBI’s Crossfire Hurricane investigation, Special Counsel John Durham identified Ray Hulser, the former chief of the Department of Justice’s Public Integrity Section (PIN), as the official who “declined prosecution” of the Clinton Foundation. Hulser now serves on Smith’s team currently prosecuting former President Donald Trump for alleged crimes related to January 6.

Read the full story

Supreme Court Hands Jack Smith a Major Defeat in Trump 2020 Election Case

The Supreme Court declined special counsel Jack Smith’s request Friday for it to quickly consider a key question in former President Donald Trump’s election interference case without letting the lower court weigh in first.

Smith asked the justices last week to hear former President Donald Trump’s bid to have his election interference case dismissed based on presidential immunity without allowing the D.C. Circuit Court of Appeals to first consider the issue. In an unsigned order Friday, the justices shot down his request.

Read the full story