The latest chapter in the Justice Department’s campaign against Donald Trump ended with a whimper this week, as the recently resinged Special Counsel Jack Smith released a face-saving report after his prosecutions collapsed.
Smith’s 174-page report, submitted along with his resignation, just days before Trump returns to the White House, attempts to justify the unprecedented criminal cases that judges had to dismiss once Trump won the 2024 election.
But a close look at the document reveals something more telling: how the weaponization of government power failed to stop Trump’s comeback.
Trump’s Legal Team Responds: A Political Stunt
Trump’s attorneys wrote in their blistering response:
“This is nothing more than a lawless political stunt designed to politically harm President Trump and justify the huge sums of taxpayer money Smith unconstitutionally spent on his failed and dismissed cases.”
They have a point about the money.
Smith’s office burned through an eye-popping $36 million of taxpayer funds – $20 million from a special DOJ account and another $16 million from other Justice Department sources.
And what did the American people get for their money? Two dismissed cases and a report that can’t change the election’s outcome.
The timing speaks volumes.
As Trump’s lawyers note, releasing the report now appears designed to interfere with the presidential transition. They argue it violates both the Presidential Transition Act and the Supreme Court’s recent ruling on presidential immunity.
SCOTUS Scuttled Smith
Remember that Supreme Court ruling?
In a landmark decision that dealt the first major blow to Smith’s cases, the justices recognized that presidents need protection to “act boldly and fearlessly” in office. They worried about exactly the kind of “factional strife” that Smith’s prosecutions represented.
The Supreme Court wrote:
“The enfeebling of the Presidency and our Government that would result from such a cycle of factional strife is exactly what the Framers intended to avoid,”
Who Interfered with Which Election?
The report tries to have it both ways on election challenges.
While admitting Trump had “a right, like every American, to speak publicly about the election” and challenge results, it then attempts to criminalize him for doing exactly that. The report even acknowledges Trump followed proper legal channels – filing sixteen lawsuits and requesting legitimate recounts and audits in multiple states.
But here’s the real irony:
While Smith’s team accused Trump of election interference, Trump’s lawyers claim Smith’s Office were the ones breaking Justice Department rules about affecting elections.
The DOJ has long-standing policies against taking actions that could impact campaigns. Yet, Smith rushed to indict Trump during the presidential race and pushed for trials that would have pulled him off the campaign trail.
As Trump’s lawyers wrote in their blistering response:
“Smith’s nakedly partisan, election-interference motivation was obvious to commentators across the political spectrum.”
They noted how Smith’s team repeatedly violated these crucial DOJ policies – policies specifically designed to prevent prosecutors from putting their thumb on the electoral scale.
Even more telling was the timing:
Smith’s office kept pushing for rapid trial dates during the height of the primary season, then scrambled to release this report just before Trump’s inauguration.
If that’s not election interference, what is?
Incoming Admin: Power Play Over
Looking ahead, this report might actually help Trump’s incoming administration identify reforms needed at the Justice Department. His lawyers are already calling for an investigation into Smith’s operation by the Office of Professional Responsibility.
For Americans concerned about government overreach, Trump’s victory over the DOJ’s lawfare campaign offers hope.
As his lawyers noted:
“The time has come to put an end to this weaponization of the justice system and move forward constructively.”
The report’s release marks the end of Smith’s failed prosecution. But it also serves as a reminder of why voters chose Trump:
For his ability to stand up to a government bureaucracy that too often forgets it works for the American people, not the other way around.
This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
