Federal J6 Case Against Trump Is Dropped. Is the Lawfare Over Yet?

AP Photo/Alex Brandon

The federal case against President-elect Donald Trump by the Biden-Harris "Justice" Department is over. Dead. The charges have been dropped by Joe Biden's illegally appointed Special Counsel Jack Smith — who can add another shovel full of lost cases to his notorious legal boneyard. 

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In a novel move for Smith, he took a glance at the U.S. Constitution and had a sudden frisson of understanding that even the great and powerful special counsel can't indict a sitting U.S. president. What's left of the remaining January 6 "INSURRECTION!" case against Trump wouldn't have made it into court until after he was sworn in, if it happened at all. 

Nevertheless, in a filing on Monday, Smith noted that he was dropping the charges without prejudice, meaning that he or someone with the notion to continue the weaponization of the law against political opponents, could reanimate them. Or maybe that was a gift to Joe Biden so he could use the charges as leverage against the incoming president to get a pardon for his sick kid. 

The moribund January 6 case against Trump, which was receiving mouth-to-mouth to keep it alive by federal Judge Tanya Chutkan, was tossed. Trump was charged with the old 1512c obstruction of an official proceeding and conspiracy charges. When the Supreme Court tossed out the use of the old Enron paper shredding charge against all January 6 indictees, it became moot. The nation's highest court also ruled that at least some of the president's activities alluded to in the case were immune from prosecution. The court Jack Smith to go back to the drawing board.

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Related: Report: Special Counsel to Drop Charges and Leave Before Trump Takes Office. But Before You Go, Jack...

Ignoring the court, Smith pretended to do that and came back with a superseding indictment that was pretty much like the first. 

Smith also brought the notorious documents case against Trump that outraged the nation. In this case, Smith ignored the Presidential Records Act but got President Biden to sign off on a deal with the National Archives and FBI to raid the former president's home. 

The raid at Mar-a-Lago included the FBI's staged photos of "documents" that weren't really Trump documents but which looked good for their press releases. An outraged federal judge called the raid unprecedented, and the federal judge overseeing the case tossed it out of court for Smith's illegal appointment to his job. 

Special counsels must be part of the Department of Justice in order to be considered for such a post. Merrick Garland wanted an attack dog, however, and plucked one from the International Criminal Court where Smith was hunting down killers from Bosnia. That's not part of the U.S. DOJ. 

One of Trump's representatives, Steven Cheung, issued a statement saying:

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Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law. The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.

Trump himself had yet to issue a statement, instead cranking out lists of people he was appointing to jobs for his next four-year term. 

Indeed it was the lawfare in part that propelled Trump to a complete victory in November. People saw what the leftists like Jack Smith were doing and voted for the accused. 

Let's hope we never see the likes of Jack Smith again. But before you go, Jack, get Garland to drop the charges against the rest of the J6ers.

This is a breaking story. Updates will be added as they come in.

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