The Special Counsel Jack Smith just made a hell of a mistake https://robertreich.substack.com/p/the-special-counsel-jack-smith-just?utm_source=dlvr.it&utm_medium=mastodon
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@rbreich
That moment when we all realize that Brazil has better political guardrails than we do. 🙁
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@rbreich And the darkness deepens…I really don’t know how the USA will survive Trump and his supporters. So much of the very idea of America has been destroyed by his stolen courts and all those who voted for him or abstained from voting the top of the ticket at all. Rationalize all you want, but the truth is you abandoned principle and your neighbors for your own perceived gains.
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@rbreich I guess, as Reich says, it would have been better to force new AG Bondi to shut down the two cases herself, showing the world how unaccountable they are for the felon's crimes. But, on the other hand, I wouldn't want to give them the pleasure of doing so to Smith & to the others on his team in such a public way. Let Smith release his damning report for all the world to see. Then Smith can go about his life -- fighting for us on the side of democracy, fairness and truth.
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@SharonCrockett @rbreich I don’t fault Smith. I hang this on garland
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@SteveBologna @rbreich I agree that Garland dragged his foot and was the wrong person to be AG given the enormity of the situation. We needed more of a pugnacious sort of person at Justice. Exactly whom that person could have been, looking back now, I’m not sure.
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@SharonCrockett @rbreich Katie Porter
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@SteveBologna @rbreich Oooooooh, she would have been fabulous.
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@SharonCrockett @SteveBologna @rbreich Preet Bharara would have fit the shoe
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@rbreich
Seems like all our key institutions have failed and have just given up.
Is our vast our national security apparatus really OK with making Putin et al the defacto rulers of the US?
Why bother funding the DOD, CIA, NSA, FBI, etc? They're just tools of foreign powers now.
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@rbreich He didn't have a fucking choice. The DoJ should have started this no later than midterms to have ANY chance at landing. Jack Smith if he's smart is making his plans of fleeing the country before the long knives can reach him. The guardrails have failed. Time to stop expecting rescue from anyone other than ourselves. Just like i've said all along for the past four years.
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@Beggarmidas @rbreich I also fully expect him and his team (and their families) to live in exile. The orange turd said he would exact his revenge on the people who opposed him — and given his new immunity granted to him by the Supreme Court, I suspect there is nothing stopping him.
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@JustinDerrick @rbreich Indeed. As i've been saying for weeks, sometimes you can take even liars at their word.
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@JustinDerrick @rbreich PS: The only thing that could stop him at this point is some sort of infighting in his ranks. I suspect Bannon's sitting on that proof as the most likely inheritor of the Epstein tapes. I was positive until at least 2019 that he had them stowed at his NY address. He probably has moved them since, though. God knows where. But it wont be far from wherever he's posted up for any length of time. That kind of blackmail has to be kept close in situations like these.
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@rbreich
There is absolutely NO wording in the Constitution suggesting that a sitting (or especially former President) has immunity from anything.
Trump belongs in jail. Period. He can pretend to be king from behind bars.
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@rbreich
Personally, I think strong indicators of autocratic countries are the politisation of the electoral system, the politisation of the justice system, and that people in certain roles are immune from prosecution.
The US has all 3.
In many countries electoral officials must be politically neutral.
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@rbreich I am disappointed and at a loss to understand why he would just dismiss entirely and not delay. What could possibly motivate him to dismiss it?
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@pooblemoo
I don't like having to bring this up but he could be in fear of his and/or his family's lives and needs to get out of the country.
@rbreich
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@rbreich what a surprise
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@rbreich #somearemoreequalthanothers
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@rbreich
This was "without prejudice" which allows Smith to proceed in the future:
"Smith said he was seeking to drop the charges against the president-elect 'without prejudice,' which would keep the door open for charges to be brought again in the future, calling the presidential immunity Trump will have as 'temporary.'"
[#]law #Trump
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@rbreich
Don't lay it all on Jack Smith. Joe Biden's DoJ and its OLC gave Jack Smith little choice, when it honored rather than revised its earlier opinions about the impossibility of indicting or prosecuting a sitting president, a scenario they had four years to prepare for.
The Supreme Court gave him little wriggle room, when it invented out of nothing nearly absolute immunity for presidential acts, even if those include the president committing crimes to get or stay in office.
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@huntingdon
This is all on Garland for not being aggressive enough to make sure that trump was behind bars before 2025. I think he shoulders the majority of the blame here.
@rbreich
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@IAmDannyBoling @rbreich
We'll disagree that Trump's liability-free criming can all be laid on Merrick Garland. To do that, you have to ignore the Supreme Court's immunity decision, which the Court's majority manipulated to maximize delay.
You have to ignore the legal work involved in getting witnesses to cooperate, and the time it takes to get access to telecoms data of uncooperative witnesses.
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@huntingdon
I did say "the majority of blame," not all of it. I realize there are other factors involved. But some (most?) of those factors could have been mitigated if Garland hadn't waited nearly two years before getting started.
@rbreich
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@rbreich Now he has time to fine tune the required report for special counsels after they have completed their work.
He can put many details in that report that we have never seen.
Don't stick a fork in him yet.
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@rbreich This is on Merrick Garland for sitting on his hands for two years lest his DOJ be seen to be engaging in 'impropriety.' Meanwhile, half of America is cheering on Trump for preparing to weaponize DOJ as a tool of vengeance. Out of touch much?
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@rbreich “Mistake” assumes Trump will no longer sit in the White House after 4 years. It also assumes he will be alive enough
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@rbreich
Jack Smith is quitting. He can see the writing on the wall. Merrick Garland probably forced this.
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@rbreich
Robert Mueller. Jack Smith. ...I think somethings rotten in Denmark.
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@rbreich It’s quite possible that tRump’s SS paid him a visit to talk about his family’s health.
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@rbreich #DOJ #JackSmith
I don't understand. @realDonaldTrump, who's an adjudicated rapist and defamer who's a convicted felon is, at the moment, a prosecutable private citizen who happens to be a future president.
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@rbreich if he hadn’t done this, could Trump have arranged for the case to be dismissed WITH prejudice?
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@rbreich I agree with your conclusion: All of the evidence must be presented to the public.
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🤖 Tracking strings detected and removed!
🔗 Clean URL(s):
https://robertreich.substack.com/p/the-special-counsel-jack-smith-just
❌ Removed parts:
?utm_source=dlvr.it&utm_medium=mastodon
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@rbreich
The GOP will rule in a post-justice, post-consequence, post-regulatory-capture, post-democracy world. Game over. The only way fascists are removed is by force, and given the 40-60 split between Trump voters and everyone else, that means civil war.
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@rbreich Did you know that Substack does not ban Nazis and they actively help them monetize fascist propaganda?
https://www.theatlantic.com/ideas/archive/2023/11/substack-extremism-nazi-white-supremacy-newsletters/676156/
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@rbreich
If Jack Smith didn't back down, whoever becomes the new attorney general would have thrown it out anyhow
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@rbreich I don’t believe Biden ever really had any intention of allowing Trump to be prosecuted for Jan 6 - the reasons for such procrastination will eventually come out.
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