Stav
The real situation that there were no way before in the history of the USA a previous President before in the history of the USA. There was no real chances that Trump would in fact be charged and there was zero charges if he was not running for election in 2024 of chares be lai against it.
It is a fact that by September 2023 that Biden has buggered up everything he touched and was unpopular and despised by most of the voters, It was then the Democrats devised a new election strategy - they could use criminal charges against Trump as their main strategy.
That brought into picture what powers the President has as on immunity from prosecution as to what decisions the President taken up a criminal charges against Trump. Since it nver happened since indepeendance and since there were no laws passed by Congress in that regard as well. It was accepted that decsions of President would not lead toc riminal charges after they left office.
Smith made a huge mistake in trying to get a Supreme Court ruling on the mmunity issue without going through the lower courts. The case was thrown out by the Supreme Court at that stage beause of the Smith bugger-up. Smith then went to distric court and the decision was that it is a cnsitutional issue they cannot rule on and that was also the attitude of the Federal Court.
That left the Supreme Court with a problem and their decision waswhat was to be expected. It is not the Supree function to make laws they dismiss the case and stated clearly thatthe issue should be reolved by laws passed by Congress, I think the Court also advised Congress that to their minds the matter should be deamt with by Congress - to bare in mind that any Presidnt would take official decisons and private ones. They reminded Congress that official decision should be immune to prosecution as was the cse throughout USA history - but private decisions could be of a criminal nature.
In the crcumnstances the fact is that Congress will nver passed legislation on the issue since it could lead to future abuse. That leads Smih and the Justice Department that they have one choice left to them and that is to prove that Trump actually broke laws and what las he broke. In factSmith made i impossibl for the Supreme Court in being totally inexperiened in prosecution princicples ha charges thus far and before he got further eh must lay specific criminal charges based on private decisions taken by Trump and they must before the acual court cases on Trump can proceed wih getting clarity on whether decisions was private and which are private/
They must get clarity on that issue first before they can even charge him of commitng crimes. In view of the difficulties involved the process could be years to finalize and in practice Smith was in deep trouble. Since the Pelosi hearings on the isse was legal absurdities and did not have a real basis for the TV shows that evidence was not really legally acceptable. Fact is the Pelosi Committee committed a crime by destroing vidence submitted to them. The other real problem was the House conducted an official investigation as to the January 6 incident after winesses was questioned under oath and most of the allegaions of the Pelosi Committee was disproved To take that mess to the Supreme Court would be imposible to prove legally.
The other charge rose against Trump relates to the documents Trump took with him when he vacated the WH. There are very clear legislation and that is Presidents can declassify documents - the President being the only person that can declassify documents, Courts in Washingon DC or New York. In any event the case made progress - bar fo the following:-
* Real evidence emerged that the FBI spread fake photos of secret documents to the media;
* In terns of standard procedure in US courts that the defence must have access to all the documents relating to the case (in other words all the documents taken from the Mar-el-Lago rsidence must be returned to the Court.
The FBI waited for a month to comply with the court ruling and of the 32 boxes of documents the FBI took from the Trump residence 21 boxes were returned and in some returned boxes documents were mssing. That was undermining the court and the Judge susended the trial until all documents are returned,
The case was then for all intents and purposes frozen since the FBI did not comply with Court orders in that regard. What were in the papers the FBI don't want to becoming public knowledge? To date FBI refused ti supply all the douments to the Court. However - that led to another issue - about three weeks ago - before the Supreme Cour decision on the immunity issue of wherher he appointment of Special Councils by officals is not a breach of the Basic Principles of the Contitution as to the separation of powers between the legislature, the executive and the judiciary was not breached when Speial Councils are appointed, Thre judges of the Supreme Court wrote a legal opinion that the appointment of Special Councils together with a budget for the costs attached must be submtted to the legislature for approval.
The Florida case was going nowhere since Smith and the FBI would not adhere to court orders and she effectively ruled that the appointment of Smith was irregular and that put the Biden Administartion in serious trouble. They could try to get ex- post-facto approval for the Sm ith appointment from Congress and nobody in the legislature would provide such an approval.
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