Special Counsel Jack Smith’s ongoing prosecution of former President Donald Trump has also sparked concerns about political nudge, in a case that is dragging out weeks before the 2024 presidential election. Smith, whose special counsel appointment has been criticized, has also been accused by many of targeting Trump on a political basis in order to tip the electoral hand.
Smith has unpacked Trump’s supposed attempt to rewrite the 2020 election in a 165-page leaked paper. According to the motion, Trump’s actions were undertaken in his “private capacity” as a candidate, not as president, and thus void of prosecution. That argument comes from a ruling by the Supreme Court in July 2024 that extended blanket immunity to Trump for presidential acts while removing the possibility of charges for his private behavior.
In their case, the prosecution argues that Trump’s intention to win on Election Day before all the votes were counted was a way of planting the seeds of doubt about the outcome. They point to witnesses such as political aides and White House staffers who claimed that Trump’s allegations of election fraud were unfounded and would not stand up in court. Even so, Trump went on to fight litigations and make public statements about massive corruption.
In the memo, it also details Trump’s alleged attempts to remain in office, including forcing the then Vice President Mike Pence to veto the certification of the electoral votes on 6 January 2021, as prosecution lawyers plan to call election officials from major battleground states to testify at trial, and Trump’s personal circle, including his deputy chief of staff and campaign staff. They will also testify about Trump’s use of social media and speeches to mobilize supporters to fight the results of the election.
But what stands out in the prosecution’s case is Smith’s indictment of Trump’s private behavior as a candidate. This soundbite appears targeted to the high courts, specifically the conservative Supreme Court, whose emphasis in recent years has been on separation of powers. Smith’s plan, then, focuses on showing that Trump’s actions were in violation of presidential immunity on the basis that they were political and merely designed to gain his re-election instead of public good.
The political aspect of this case can’t be ignored. Smith’s nomination and pursuit of Trump occurs at an anticlimactic juncture in American politics, with Trump once again seeking the presidency. Others say the timing of these prosecutions feels suspect, that Smith’s ruthless campaign is geared to derail Trump’s election campaign in favor of his Democratic opponent, vice president Kamala Harris.
Smith is also an anti-Semitic in the conduct of Trump investigations. As a newly elected candidate, he’s publicly questioned the gravity of Trump’s actions, sparking claims of bigotry and overreach. A lot of Trump voters have also doubted the legitimacy of Smith’s nomination and the objectivity of his investigations, thinking he is making use of his position to rack up political scapegoats instead of ensuring fairness under the law.
The leak of the 165-page report, the most exhaustive yet of the story of Trump’s purported election interference, has only heightened these objections. In an age of Trump’s potential White House re-election, the politics of this case are never more important. The prosecution evidence is bound to influence the public opinion and may determine the fate of the election in 2024.
What we still need to see is, is this an attempt at an actual lawsuit, or is it all part of a larger conspiracy to overturn Trump’s political prospects? With Trump’s trial coming up in the next few months and the election on our horizon, the line between law and politics has become blurred once again. Some have also wondered if the prosecution of Trump isn’t about justice at all but getting Trump out of the White House.
Finally, the outcome of this case is going to affect much more than Trump’s career, but the functioning of the U.S. political process. Even if Trump is acquitted or convicted, there’s no doubt that this trial left a significant mark on US politics. And as Jack Smith continues to search for Trump, political motivation will still loom large in the national debate.
