Question for LawSky: Can Jack Smith hand off all his evidence to state prosecutors like @dananessel.bsky.social or @krismayes.bsky.social to prevent Trump from destroying it all when he takes office? Thanks!
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With much respect, Biden doesn't have immunity and the president doesn't have immunity. Trump has immunity. SCOTUS wouldn't even let Biden relieve student loans or clean the air and water. To think they apply the law evenly across party is to miss the point of the Roberts court entirely.
Federal and state prosecutors (criminal and civil) coordinate all the time. And there's a precedent: a whole program set up to incentivize local authorities to prosecute border cases the feds don't want to take on.
To take this another step further, assuming the state takes on a case and a grand jury recommends charges, could an indictment be held until after January 2029 without risking statute of limitations expirations?
That's beyond my expertise (I was a civil prosecutor), but I think the indictment has to be delivered before the SOL runs. Then the prosecutor could ask for the case to be stayed until January 2030.
He won’t of course, because he’s an “institutionalist,” but Biden should just declassify all of it, make it public, and let the chips fall where they may.
Totally off topic, but isn't it refreshing to read through this exchange of possiblities without dodging trolls and magas throwing loaded whatabout grenades.
Technically, Jack is supposed to provide a full report (like R. Mueller did) to the AG. The bigger question: will Garland finally rise to the occasion and give rational Americans the answers we have been searching for
Yes, it’s legal for Jack Smith to share evidence with state prosecutors if it relates to their cases. Federal and state agencies often collaborate, provided confidentiality rules are followed and the evidence is used lawfully in investigations or prosecutions.
Great question. Brilliant Idea . It sure would make millions jumping for joy, and it would bring us some hope .
I'm so glad to see my AG tagged here .
Thanks for that.
The president can release any classified information he chooses to. Smith can give everything to Biden who can then have a press conference and release it all.
He could be sued. If it get up to SC they could vote to charge him with a crime. It all ends up in the SC and they have the final say per their ruling.
Add on question … Smith shutting down the case against Trump makes sense given DOJ policy and SC immunity decision. But why let the Jan 6 case and Docs case co-conspirators walk? Can those cases be handed off?
He can actually declassify pretty much anything except nuclear stuff. It takes a minute though. And he can’t release grand jury material. Courts have jurisdiction there.
It shouldn’t take a minute though, anything and everything Biden does with his remaining time in office, as long as it’s done under the umbrella of presidential duties is legal, no?
I’d love him to have a fire sale on all the Trump dirt but I expect he won’t coz dems (infuriatingly) play too nice.
The notion that presidents have absolute immunity for all things is quite overblown. The immunity granted to Presidents in Trump v. United States is comparable to that granted to Judges when performing their official duties, or state officials. The argument that President's have absolute immunity...
in all things and there's nothing anyone can do to limit their actions is an example of the "anticipatory obedience" which has become a scourge of the American media landscape.
Also, the real focus right now for Democrats needs to be Elon Musk and building a case to call for a special prosecutor to investigate violations of 18 USC sections 208, 210 and 371. Look to Watergate as a template for getting that process started. His guilt is obvious and public.
There are some ambiguities in the language of Imbler v. Pachtman regarding the outer scope of the prosecutor's role that I would not be eager to test in the current environment.
You mean it might be breaking the law? But he's President, so basically immune!
If paying off a porn star to influence an election is an Official Duty of the US President, it's hard to see what could be excluded from those "duties".
I feel Jack Smith can share evidence with state AGs like Dana Nessel or Kris Mayes, but it depends on DOJ policies and case relevance. Seems like a solid move to keep it safe and usable across jurisdictions.
AG, I can’t imagine a scenario where this would be possible. Materials obtained under federal subpoenas and subject to classification couldn’t just be handed over to a state prosecutor. I’m willing to be convinced otherwise but I’ve never heard of such a thing.
No, it’s not. The pardon is only good on Federal crimes. State crimes can only be pardoned by the governor or the state legislature, if it’s even permitted. Has no effect on crimes imposed internationally either.
Do you really think the international community really cares about that? If they want Donald Trump, they’ll find a way to get him there that doesn’t involve US wants and desires.
That would be amazing. We need to fight harder and play dirtier, and stop following norms and “rules.” We can outsmart them if we’d just stop being so righteous.
This is a tricky one:
I believe smith’s work-product belongs to the justice department not sure if the scotus immunity case would allow him to destroy the docs -
They typically have to stay in the justice dept. the felon’s destruction would prob violate some act…seems like consequences dont 1/2
I think they should make copies and hand them out to Judges that have clearence, impartiality, and the temperment to hide them away from the incoming DOJ, if any of them start disappearing then start leaking the case details and avoid leaking the classified stuff.
Biden owns the Justice Department and can order them to give it to him, per the SC. If they don’t give it to him he can get Seal Team Six to take them all out, pardon the SEALs and order the CIA to airdrop copies of the entire file from Brownsville to Tierra del Fuego
That's what's pissing me tf of. He needs to get off his ass and start thinking like trump. An eye for and eye type situation. Dammit Biden. Ur the only one that can help us now. Fight for us. Take out the sword and the shield. Plz
We need to quit being afraid of appearing anything but FAIR- THESE GUYS don't play-
And if Putin has his way, fk Ukraine when he can have the US. Elon & Tulsi are National Security threats. Where is the outcry. What happened to #WhenWeFightWeWin
We deserve a #RECOUNT https://substack.com/@spoonamore/note/p-151923500?r=fjy2v
Agreed. I am frustrated that in almost 4 years of democratic leadership, the American public does not have resolution on any of the crime, including election interference, sexual crimes, and the theft of top-secret documents.
Justice has been delinquent. I'm sure we have Leonard Leo and the Federalist Society to thank. Nevertheless, we are at a critical moment--and need to keep our target in view. We are in the midst of a Fascist coup. We need to take them down and win for our safety--and our future.
While getting the evidence is not exclusive--I just want to highlight that we need to have the "final goal" of stopping Fascism successfully as our TOP PRIORITY and make decisions accordingly
Stephen Spoonamore, the data scientist behind a viral "duty to warn" letter has uncovered results from an analysis of the 2024 election, specifically an inconsistency in bullet ballots... but what does it all mean?
Wouldn't this fall under the FBI not giving away case data unless asked or subpoenaed?
There are arguments that it is in the public interest to release publicly if there is no chance of future prosecution due to his second term.
I hate that we've gotten to this point with no resolution of guilt/innocence & accountability. Given that, is it truly in America's best interest to publicly poison the well of our incoming presidential administration? At what point do we just accept that he gamed the system and won, and move on?
Yes. And since the state prosecutions against the co-defendants involve the fake elector scheme are pending it would be appropriate. It may be complicated w security clearances but it absolutely can be.
Feds cannot hand off Grand Jury materials or classified information without a court order. But I don’t see any reason why testimony and documents obtained by other means could not be shared.
He can just hand it to Biden and then Biden can do whatever he wants with it. Biden can send it to all of us by email or turn it into a musical or just have Hunter read it to us on a special @maddow.bsky.social SCOTUS said so.
My question is why won't the American people discuss the fact that Russian interference in the election impacted it?
Why do they roll over constantly for MAGA Christian Fascism? MAGA is winning because they fight and liberals don't! Except with their little thumbs.
I was wondering if there were any international crimes he could be charged with. Mind you, I know absolutely NOTHING about the law, but sure seems like maybe there was some criming going on where he doesn’t have full immunity.
Comments
Alto I think state and fed can’t share
This court belies that assumption at every single turn.
They'd simply find some technicality under which to say that Biden is exempt from their previous ruling.
THIS!👏 COURT!👏 IS!👏 PRETEXTUAL!👏
https://open.substack.com/pub/jimstewartson/p/two-months-to-a-nuclear-strike-on?utm_source=share&utm_medium=android&r=fjy2v
The only way to stop their power grab is to grab it too.
It would make her RICO case that much stronger
I'm so glad to see my AG tagged here .
Thanks for that.
I’d love him to have a fire sale on all the Trump dirt but I expect he won’t coz dems (infuriatingly) play too nice.
If paying off a porn star to influence an election is an Official Duty of the US President, it's hard to see what could be excluded from those "duties".
#SoFunny
https://nebraskaexaminer.com/2024/05/30/breaking-trump-found-guilty-on-34-felony-counts-in-ny-hush-money-trial/
They will compel the US to hand him over or face international consequences.
The “international community” doesn’t enforce anything. Never has and never will without US.
MAGA deserves what’s coming. I voted for the Prosecutor 💙
I believe smith’s work-product belongs to the justice department not sure if the scotus immunity case would allow him to destroy the docs -
They typically have to stay in the justice dept. the felon’s destruction would prob violate some act…seems like consequences dont 1/2
Sigh, wish i could edit posts 🤷♂️
To grab the evidence and release it to the public now.
And if Putin has his way, fk Ukraine when he can have the US. Elon & Tulsi are National Security threats. Where is the outcry. What happened to #WhenWeFightWeWin
We deserve a #RECOUNT
https://substack.com/@spoonamore/note/p-151923500?r=fjy2v
We need to stop their Fascism. The evidence is only one step. It is not the final goal. We need to focus on the final goal.
https://youtu.be/RJR5uQpweko?...
And I've seen lawyers suggest handing over everything to Dems in Congress (Legislative, not Exec, branch)
And put everything into court filings (even if sealed), which would be giving everything to the Judiciary (again, separate branch)
There are arguments that it is in the public interest to release publicly if there is no chance of future prosecution due to his second term.
Why do they roll over constantly for MAGA Christian Fascism? MAGA is winning because they fight and liberals don't! Except with their little thumbs.