January 2, 2024

Jack Smith Is Unconstitutional

The case against Donald Trump’s special persecutor is a serious legal matter.

When we say that Jack Smith is prosecutorial scum, we mean it in the best way possible. After all, it’s not every lawyer who can boast that his legal tactics have been unanimously rejected by the U.S. Supreme Court.

Smith, who was appointed by corrupt Biden Attorney General Merrick Garland to get rid of his boss’s number one political opponent and his primary threat to reelection, has a deeply checkered history of prosecutorial overzealousness. Just ask Bob McDonnell.

“I basically set up meetings for a businessman in Virginia,” said McDonnell, the former Republican governor of Virginia who was at one time seen as serious presidential material but whose political career was essentially ended by Smith. “I didn’t even go to the meetings. Spoke well of his business which I did for thousands of companies promoting Virginia jobs. And because it was a donor and had given gifts to us which were legal and reported, it was somehow a crime.”

As the Washington Examiner reports: “Smith’s prosecution cost the governor $28 million in legal fees and three-and-a-half years of ‘very difficult times’ for his family. The end result of the investigation and legal troubles was a unanimous Supreme Court decision overturning the governor’s corruption conviction.”

When you’ve lost Ruth Bader Ginsberg, you’ve lost even left-of-center America.

Smith’s other dubious legal overreaches include colluding with Lois Lerner of IRS infamy to target certain conservatives for auditing, and botching the cases against two Democrats — former vice presidential candidate John Edwards and New Jersey Senator Bob Menendez.

As for his case against Trump, former federal prosecutor Will Scharf took it apart on multiple legal grounds, including the criminalization of political speech, the inability to know Trump’s state of mind and legal intent, the misapplication of obstruction law, and the clear-as-day scheduling timeline meant to interfere with the 2024 election. To this last point, ask yourself: Why did Garland and Smith only bring these charges now when the alleged crimes took place nearly three years ago? And what legitimate business does a special prosecutor have with the social media accounts of private citizens who liked or retweeted Donald Trump’s Twitter posts?

Smith, then, isn’t a special prosecutor; he’s a special persecutor.

And so, of all the decent federal prosecutors whom Garland could’ve chosen for the delicate task of bringing a legal case against a former and perhaps future American president, he chose this guy, this thug. It wasn’t a coincidence.

It wasn’t legal, either — at least not according to Ronald Reagan’s former attorney general, Ed Meese.

Meese filed a brief with the Supreme Court on December 20 to request that the High Court reject Smith’s latest dubious legal ploy — his demand for an expedited appeals process on the legal question of presidential immunity from prosecution for the purpose of helping him secure a conviction of Trump prior to the November presidential election.

“Meese,” as Fox News reports, “along with law professors Steven G. Calabresi and Gary S. Lawson, filed a friend-of-the-court brief Wednesday to present the case that Attorney General Merrick Garland’s appointment of Smith — a private citizen — is in violation of the Appointments Clause of the Constitution.”

“Improperly appointed,” the brief argues about Smith, “he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos.”

We don’t know whether the Supremes were persuaded by Meese’s argument, but two days later, they announced that they were declining to issue an expedited ruling. Imagine that. Our nation’s highest court apparently thinks that Trump should be afforded the same due process that the rest of us are entitled to.

Pound sand, the justices explained.

The former president’s criminal trial was scheduled to begin on March 4 in Washington — one day before Super Tuesday, when 15 states will hold their presidential primaries — but it’s unclear if the High Court’s ruling will delay Smith’s carefully choreographed timeline.

Regardless, it’s encouraging to see that the Supreme Court doesn’t believe Jack Smith is above the law, nor Donald Trump beneath it.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.