The newly unsealed document contains the most detailed evidence of Trump’s attempts to subvert the election yet.
It’s rare to simultaneously feel red-hot anger and wistfulness, especially when merely reading a document. But those are exactly the emotions that washed over me when I read the redacted version of special counsel Jack Smith’sreciting in detail the evidence against Donald Trump for attempting to subvert the 2020 election.
Smith’s brief spells out in much greater detail than we have seen elsewhere—including in the report of the special House of Representatives committee investigating the events of Jan. 6—evidence of Trump’s attempts to subvert the election, and especially of Trump’s mental state. It tells us that Trump was warned by his campaign officials that there likely would not be enough ballots counted on election night to know who won, but that he decided beforehand that he would declare victory either way.
But worst of all is the United States Supreme Court. Smith’s Wednesday filing was not a trial brief laying out the case. It is instead a document meant to determine which of Trump’s acts in attempting to subvert the 2020 election were “official acts” that are immune from prosecution and which are unofficial acts, or official acts that may be subject to prosecution .
Smith was following the road map laid out in an opaque and infuriating ruling from the Supreme Court last June, recognizing broad immunity for presidents from prosecution. At best it will be many months and further appeals, potentially again to the Supreme Court, before this could ever get to trial.I’m a Psychoanalyst. I Think I Know What Tim Walz Should Do in Tonight’s Debate.
The fact that no jury may pass on the deadly serious allegations in Smith’s complaint will do more than simply let Trump and others off the hooks for their potential crimes. It will make future criminal activity related to American elections much more likely. And it all could have been avoided if McConnell, Garland, and especially the Supreme Court had done the right
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