Federal Judge Blocks DOJ from Sharing Special Counsel’s Report

Charlie McCarthy – A federal judge on Tuesday ruled that the Justice Department cannot share special counsel Jack Smith’s classified documents report with members of Congress.

U.S. District Court Judge Aileen Cannon extended the hold she had placed blocking the DOJ from sharing with four lawmakers Smith’s report on his probe into President Donald Trump’s alleged mishandling of classified documents. Continue reading →

Judge Chutkan’s Decision: Release Damning Allegations Before Election

Judge Chutkan's Decision: Release Damning Allegations Before ElectionJonathan Turley – It appears that U.S. District Judge Tanya Chutkan and Special Counsel Jack Smith are not done yet in releasing material in advance of the election. In a previous column, I criticized the release of Smith’s 180-page brief before the election as procedurally irregular and politically biased, a criticism shared by CNN’s senior legal analyst and other law professors. Nevertheless, on Thursday, Judge Chutkan agreed to a request from Smith to unseal exhibits and evidence in advance of the election.

The brief clearly contains damning allegations, including witness accounts, for Trump. The objection to the release of the brief was not a defense of any actions taken on January 6th by the former president or others, but rather an objection to what even the court admitted was an “irregular” process. Continue reading →

Special Counsel Jack Smith’s Controversial Prosecution Tactics

Special Counsel Jack Smith's Controversial Prosecution TacticsJonathan Turley – “The most stupendous and atrocious fraud.” Those words from federal prosecutors could have been ripped from the filing this week of Special Counsel Jack Smith defending his prosecution of former President Donald Trump.

Yet they were actually from a Justice Department filing 184 years ago, just days from the 1840 presidential election. Democratic President Martin Van Buren was struggling for reelection against Whig William Henry Harrison, and his Justice Department waited until just before voters went to the polls to allege that Whig Party officials had paid Pennsylvanians to travel to New York to vote for Whig candidates two years earlier. Continue reading →

Smith’s Legal Strategy Shift: From Speed to Caution

Smith's Legal Strategy Shift: From Speed to CautionJonathan Turley – For over a year, Special Counsel Jack Smith has made one element the overriding priority in his prosecution of former president Donald Trump: speed. Smith repeatedly moved to curtail Trump’s appellate rights and demand expedited appeals to try to secure a conviction before the election.

In that effort, he found an equally motivated judge in U.S. District Judge Tanya S. Chutkan, who virtually turned her court into a rocket docket to try Trump. Now, in a neck-breaking change of direction, Smith is trying to slow down Chutkan who appears again ready to pull out the stops in this case. Continue reading →

The Unlawful Appointment of Special Counsel Jack Smith

The Unlawful Appointment of Special Counsel Jack SmithJonathan Turley – In “Alice’s Adventures in Wonderland,” the Mad Hatter asks Alice, “Why is a raven like a writing desk?” It turned out that the Mad Hatter had no better idea than Alice.

In her 93-page order, U.S. District Judge Aileen Cannon seemed to face the same dilemma when she asked special counsel Jack Smith why a private citizen is like a confirmed U.S. attorney. On Monday, she dismissed the criminal case against former President Donald Trump over his handling of classified documents, ruling that Smith’s appointment as special counsel was unlawful. Continue reading →