Jack Smith’s legal brief: Donald Trump shouldn’t have immunity for Jan. 6th

Remember these grotesquely iconic photos? These pics are from January 6th, 2021. Donald Trump addressing his cult members, who had been bused into DC. Trump addressed them, inciting them to stage an insurrection just minutes after he left the stage. All of those dumbf–k traitors marched, staggered, ambled and ran to the Capitol, where things quickly turned violent and dangerous. Reportedly, Trump wanted to join his cult at the Capitol, and when his Secret Service detail tried to get him out of the scene of his crime, he assaulted at least one of them. Trump eventually returned to the White House, and he spent the rest of the day watching the insurrection unfold on television. When various officials and staffers begged him to calm the situation or tell his people to stand down, he refused.

Currently, federal prosecutor Jack Smith is trying to take Trump to trial for all of the crimes he committed on and around January 6th. Smith is being blocked at every turn, mostly by the judge assigned to the case, Judge Aileen Cannon. The Supreme Court has also made it clear that they’re on Team Insurrection, probably because Clarence Thomas’s wife Ginny is the C-U-Next-Tuesday who helped organize the Stop the Steal rally on the day. SCOTUS tried to give Trump blanket immunity – under “presidential immunity” – for the crimes he committed. Cannon has also put up several roadblocks and delays as the case is being slow-walked to trial. Now Judge Chutkan has unsealed Jack Smith’s legal brief for the prosecution’s theory/narrative of Trump’s “private” crimes.

In a sprawling legal brief partly unsealed on Wednesday, the special counsel, Jack Smith, laid out his case for why former President Donald J. Trump is not immune from prosecution on federal charges of plotting to overturn the 2020 election. The redacted brief, made public by Judge Tanya S. Chutkan of the Federal District Court in Washington, adds new details to the already extensive public record of how Mr. Trump lost the race but attempted nonetheless to cling to power.

Part of the brief focuses, for example, on a social media post that Mr. Trump sent on the afternoon of the attack on the Capitol on Jan. 6, 2021, telling supporters that Vice President Mike Pence had let them all down. Mr. Smith laid out extensive arguments for why that post on Twitter should be considered an unofficial act of a desperate losing candidate, rather than the official act of a president that would be considered immune from prosecution under a landmark Supreme Court ruling this summer.

After Mr. Trump’s Twitter post focused the enraged mob’s attention on harming Mr. Pence and the Secret Service took the vice president to a secure location, an aide rushed into the dining room off the Oval Office where Mr. Trump was watching television. The aide alerted him to the developing situation, in the hope that Mr. Trump would then take action to ensure Mr. Pence’s safety. Instead, Mr. Trump looked at the aide and said only, “So what?” according to grand jury testimony newly disclosed in the brief.

Much earlier, the brief says, one of Mr. Trump’s lawyers gave him an “honest assessment” that his false claims that the election had been marred by widespread fraud would not hold up in court. But Mr. Trump seemed not to care.

“The details don’t matter,” the brief quotes Mr. Trump as saying.

Around the same time, the brief says, Mr. Pence also sought to convince Mr. Trump he had lost the election. During a private lunch in mid-November 2020, for example, Mr. Pence suggested to Mr. Trump that he accept defeat and run again in the next presidential race, but Mr. Trump did not want to hear about it. “I don’t know,” the brief quotes him as saying, “2024 is so far-off.”

[From The NY Times]

“So what?” Yeah. I mean, Trump sent his cult to hang his vice president and they were attempting to do just that. One thing I sort of wish Jack Smith’s brief or prosecution would get into is how and why Pence didn’t want to get in the car with the Secret Service. Didn’t Pence say something like “I’m not getting in the f–king car?” A story for another day. Apparently, Trump campaign officials in Michigan desperately tried to convince Trumpers to stage a riot in Detroit (“make them riot” was the order). Jack Smith’s brief also emphasizes the lunacy of the SCOTUS presidential immunity decision, stating plainly that Trump’s actions were never that of a president, but as a private individual who was “scheming” to overturn the election and pathetically cling to power.

Photos courtesy of Backgrid.

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35 Responses to “Jack Smith’s legal brief: Donald Trump shouldn’t have immunity for Jan. 6th”

  1. FancyPants says:

    I am impatiently waiting for any of the “legal people” podcasts I follow to spell this out for me and tell me who they think people like “P5” are. Trump is screaming into the Truth Social void about it being “election interference” because of the timing, but really he brought this on himself with all of his “immunity” delays.

    • Lolo86lf says:

      When Donald Trump loses the election yet again on November 5, he will scream election fraud in addition to his election interference line. Then he will proceed to become a candidate for the 2028 election cycle. He MUST be jailed in order for the country to get rid of him and Jack is our only mean of accomplishing this.

      • Giddy says:

        I couldnt agree with you more. Except I believe that if he loses he will try to leave the country. I believe that he will seek asylum from one of those dictators that he admires.

      • lucy2 says:

        Let’s hope he still doesn’t understand political asylum vs insane asylum, and ends up in the latter, where he belongs.

      • schmootc says:

        Throwing him in jail means nothing – you can still run for office from jail. And it will make him more of a martyr to his followers. Don’t get me wrong, I want that excuse-for-a-person in jail as much as the next non-idiot, but it’s not going to change much. Maybe he’ll be able to squeal less? God would hope so.

    • Kitten says:

      Election interference? Hello, James Comey.

    • Elaine says:

      Very likely it’s Mike Roman. P6 is Roger Stone.

    • Lemons says:

      Ooo, what legal podcast do you listen to? This is a new genre to me, and I’d definitely appreciate some suggestions if you have any @FancyPants!

  2. Brassy Rebel says:

    And so now 2024, supposedly so far off, is here and we have to put up with this fascist trying to take over the government again anyway. It is absolutely insane that after his actions of January 6, 2021, he is still running around free, let alone running again and planning another insurrection. It feels like we’ve already lost so much in this country. I’m looking at you, SCOTUS.

    • North of Boston says:

      You can thank Mitch McConnell and his republican minions in Congress for that.

      They had a chance to begin holding him accountable in 2020, then looked in their pockets and bank accounts and said ‘nah, we’re good’

      • Ocean Girl says:

        North, I mentioned something similar.

        Mitch McConnell even made a statement that trump was responsible for Jan. 6th, but decided to kiss trump butt anyway. Disgusting.

  3. bisynaptic says:

    @Kaiser, the judge blocking Jack Smith is Aileen Cannon.

    • Lolo86lf says:

      Thanks for clarifying this! I was beginning to think that I had lost my mind lol. By the way, Aileen Cannon is also a C U Next Tuesday lady. How dare she use her position of power to trample all over the rule of law.

      • bisynaptic says:

        She’s aiming for a SCOTUS job.

      • agirlandherdogs says:

        Yeah, she doesn’t even make an effort to pretend to be an impartial arbiter of the law. She’s been auditioning for that SCOTUS nom for years.

  4. girl_ninja says:

    Notice in the fits he was pitching last night, not one denial of what’s in that report. What a disgusting man, and how shameful of a society that many of us don’t blink an eye at this. What a fucking disgrace.

  5. Vuyelwa Ncube says:

    When one thing sticks eventually all of them will.
    It will be an avalanche.
    In JC name

  6. Ocean Girl says:

    Kaiser, I also recall hearing that Mike Pence didn’t want to go with the Secret Service people. By that point he didn’t know if he could trust them. Maybe he even wondered if they were actually legitimate Secret Service agents.

    After all this, every Republican that had supported the Liar-in-Chief could’ve banded together and refused to cooperate with him. Ended him. They must’ve been promised something, which they would have been so stupid to fall for, knowing how much trump lies.

    • Lucy says:

      I think in the J6 investigation by Congress, there’s texts that weren’t deleted between someone on Pences team and the secret service guy who was trying to get him to leave. And the pence guy texted something to the effect of, no way, I know you’ll put him on a plane to Alaska or some sh*t. It’s incredibly damming and completely forgotten.

    • Lisa says:

      The secret service who lost all their texts on January 6, that secret service?

      • Ocean Girl says:

        Lucy–wow, I didn’t know anyone talked about any SS text from that day. As Lisa reminded me, yeah, the texts were deleted (I had actually forgotten about that).

  7. lorent says:

    Just had to comment that Judge Chutkan is actually doing a great job. Judge Aileen Cannon, of the Florida documents case, is the one who stonewalled and derailed and dismissed her case improperly. Judge Chutkan is doing everything by the book, dotting all her i’s and crossing her t’s to make sure that the case she rules on is as tight as it can be.

    • LRob says:

      Correct. Just to keep the cases clear, Aileen Cannon has nothing to do with Judge Chutkin’s case.

      • schmootc says:

        Thank you! I was getting very confused, because I knew Smith had a setback on the election case, but didn’t think terrible Aileen was in control of it. If she was, I’d be much more worried about him facing consequences. I want him to face consequences for running off with classified docs, but the election case is more important to me.

  8. Miranda says:

    It’s kinda funny, then, that “so what?” has become the response that virtually everyone outside MAGAland had to the (alleged) assassination attempts. It still cracks me up that he went around with a maxi pad on his poor widdle ear and tried to milk it, and not a single person gave a fuck. I mean, Reagan was a piece of shit, but even most of his opponents were horrified by the attempt on his life. Trump gets shot? So. Fucking. What.

    • Kitten says:

      Yeah the collective reaction of nobody giving a fuck has been an incredibly satisfying one. And it absolutely enrages the Right that we don’t care lol.

      • Ocean Girl says:

        I think the first incident seemed so fishy, people thought it was staged. I know other people died, but would that really bother trump? Maybe this was his “shooting someone on 5th Avenue” moment.

        The second incident was referred to as a security breach–can’t remember if that was on the news or in an article. I don’t know if it still is being called that, given that Routh admitted he wanted to kill trump.

        With the exception of those who were killed in Butler, there doesn’t seem to be that much news chatter about them. Seems like even the media shrugged it all off.

  9. Hypocrisy says:

    We knew, and yet it is still unbelievable that this was allowed to happen and so many people are complicit.. the entire gop needs to be voted out we can’t risk having them in any public office until they clean out the mess they have created.

    • SIde Eye says:

      Exactly! The GOP’s entire platform is obstruction. They use Congress to do that. Then they run on well why didn’t the Dems fix this problem when they had the presidency? They have zero solutions and chose to campaign on Dems got nothing done and their idiotic culture wars that manufactures outrage and imagined straight White male and faux Christian victimhood.

      Imagine blocking every stitch of progress to “own the Libs” while kids continue to be shot at school. The number one selling item for back to school this year was a bullet proof backpack.

      Vote blue straight ticket. Look at Brian Kemp right now and what he is doing in GA they’re gonna wish they had Stacy Abrams who was hell of a lot more qualified. VOTE BLUE.

      • lucy2 says:

        And the American voters fall for it every damn time. We always do better under Democrat leadership, both economically, and globally with our allies and beyond. But the GOP has mastered blaming Democrats for the GOP obstruction, and taking credit for any successes they do manage to have. It’s so stupid.

      • Lu says:

        @side eye
        What is happening with Brian Kemp in Georgia? I missed this so far.

  10. Proud Mary says:

    I think he gave that speech behind bulletproof glass. Why, if he was speaking to his peacefully gathered supporters? It’s always fascinating to me that he MAGAs reverberate between treating him as the world’s greatest genius and on the other hand, as a child in diapers. Donald is the smartest man alive, but he had no idea that his fans would charge the capitol. The bar is so low for republicans. If the tables were turned, both he and G.W. Bush would be in jail.

  11. trillion says:

    If a democrat had done this, there’d be calls for their head. If minorities or women had stormed the capitol after their candidate lost, imagine the response.

  12. Nano says:

    What I can’t believe is that the phone call between the orange clown and the guy from Georgia hasn’t taken him down. He said to find him votes, clearly illegal. If that had been a Democrat the gop would’ve already had him convicted and jailed. I want accountability from that bastard.

  13. agirlandherdogs says:

    Imagine being the Trump attorney to argue that tweeting is an official presidential act which would be (according to SCOTUS) immune from criminal prosecution. Tweeting. It’s f***ing ludicrous.

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