January 14, 2025

Two Special Counsels for Two-Tiered Justice

Contrasting the final reports of Jack Smith and David Weiss illustrates the problem with the Justice Department.

Joe Biden and his radical leftist cohort have thoroughly politicized the Two-Tiered Justice Department. That’s not news, of course, but the release of two separate special counsel reports yesterday couldn’t have illustrated that point any better.

The first came from Special Counsel David Weiss regarding the prosecution of First Son Hunter Biden. However, the one getting all the attention from the Leftmedia was former Special Counsel Jack Smith’s midnight report, which attempted, with one last gasp across 137 pages, to convict Donald Trump of election interference in the court of public opinion.

The report began, “To the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee.”

Oh, sorry. Those were Captain Ahab’s final words in Herman Melville’s classic, Moby Dick.

Surely, though, you can understand my feigned confusion given that Democrat hacks like Smith, Alvin Bragg, Fani Willis, and several enabling judges have pursued Trump with the same mad obsession that drove Ahab to chase that white whale. Just like Ahab, they failed. Trump was reelected in the only verdict that mattered — the one in which the American people sentenced Trump to four more years in the White House.

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“I was guided by the Principles of Federal Prosecution,” Smith insisted in his cover letter to Attorney General Merrick Garland. “With respect to both Mr. Trump’s unprecedented efforts to unlawfully retain power after losing the 2020 election and his unlawful retention of classified documents after leaving office, the Principles compelled prosecution. Indeed, Mr. Trump’s cases represented ones ‘in which the offense [was] the most flagrant, the public harm the greatest, and the proof the most certain.’”

Smith blames the American people for thwarting him: “But for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”

As with the other legal cases brought against Trump, the real reason Smith’s two were brought isn’t the “proof” of crimes but because his last name is Trump. I’m not going to relitigate all that here other than to say that the Democrats’ strategy was to target Trump with multiple lawfare cases to ensure he was the Republican nominee and then defeat him in the general election. They succeeded in the former and failed miserably in the latter.

Despite his supposed high-minded dedication to the law, the unconstitutional Smith was a hack dedicated to this strategy. He calls such assertions “laughable,” but for evidence, I submit his October non-surprise, a version of his report on Trump’s objections to the 2020 election, which he released just before the 2024 election to smear him.

By contrast, Democrats went to great lengths to suppress information regarding the crimes of Hunter Biden — because those crimes often implicated Joe Biden. When they could no longer suppress the news, they sought to offer the younger Biden a sweetheart deal that, fortunately, blew up. Hunter was eventually convicted of gun crimes and was set to face trial for tax evasion before dear old dad broke his promise not to pardon him.

Special Counsel David Weiss was a former U.S. attorney from Delaware who was tasked with investigating Hunter Biden in the hope that he’d actually help make it all go away. After the plea deal blew up, Weiss became dogged in his pursuit, and he now resents the Bidens for undermining his credibility. “Mr. [Hunter] Biden and his counsel have continuously accused me of vindictively and selectively prosecuting him,” Weiss wrote in his report. “And in the press release accompanying his son’s pardon, President Biden echoed these claims, stating that he believed Mr. Biden was ‘selectively, and unfairly, prosecuted.’ These baseless accusations have no merit and repeating them threatens the integrity of the justice system as a whole.”

In fact, Weiss continued, “Eight different Article III judges appointed by six different presidents — including Mr. Biden’s father — considered and rejected Mr. Biden’s claims that these prosecutions only came because of political pressure from Congressional Republicans.”

Weiss said the bottom line was that Hunter made millions of dollars “by using his last name and connections,” and he then “consciously and willfully chose not to pay at least $1.4 million in taxes over a four-year period.” Regardless, the president pardoned his son for any and all crimes over an oddly specific period of 10 years and 11 months.

On the surface, these two special counsel reports might seem roughly the same. Two presidents (and a presidential son) were accused of crimes and convicted in at least one case each. Politics dominated the considerations of all the cases, including the two special counsels. Both special counsel appointments and the cases they brought ended with a bitter political whimper instead of anyone really facing accountability or justice.

To a certain extent, that’s a fair viewing. However, there are some glaring differences.

Biden was the one at the helm while subordinates wielded the immense power of the Justice Department to crush his most hated political opponent. It was the culmination of eight long years of deranged efforts to nail Trump to the wall for [details to be filled in later]. From Hillary Clinton’s fabrication of the Russia collusion hoax to Democrats’ impeachment of the president for pointing out that Ukraine ought to look into the Bidens to the January 6 overreaction of heavy-handed application of “justice,” Democrats have spared nothing in their Ahabian quest to spear the great orange whale.

It’s also true that Trump did some things wrong, perhaps even illegal things. Yet most of them were in response to Democrat attacks or election rigging. It doesn’t excuse him, but as the “fact-checkers” say, it needs context.

By contrast, Hunter began selling the family name while Joe was Barack Obama’s vice president. No one was out to get Joe Biden back then. The family just knew his influence could be worth a lot of money. No Republican convinced Hunter Biden to do drugs, solicit hookers, or illegally purchase a firearm, much less to evade taxes on ill-gotten money. Yet the Biden Justice Department tried to spare him punishment. Joe Biden himself eventually made that a reality, not least to save himself.

The other difference is that Trump has another four years to clean things up and go in a better direction.

Follow Nate Jackson on X/Twitter.

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