Jack Smith Finds Chink in Donald Trump's Armor--His 'Private' Attorney
Source: Newsweek
Published Oct 08, 2024 at 5:05 AM EDT | Updated Oct 08, 2024 at 9:26 AM EDT
Donald Trump's use of a private attorney to communicate with Vice President Mike Pence may help to convict him, a former federal prosecutor has told Newsweek.
Neama Rahmani was reacting to the newly released evidence in the former president's election-fraud case, in which chief prosecutor Jack Smith said that Trump's use of a private attorney negates his presidential immunity. Smith added that the Republican nominee used a private attorney to pressure Pence into accepting Trump's claims that the 2020 election was rigged in Democrat Joe Biden's favor.
Trump was indicted in Washington, D.C., on four counts of allegedly working to overturn the results of the 2020 election in the run-up to the January 6, 2021 riot at the U.S. Capitol. The Republican presidential nominee has pleaded not guilty and has said the case is part of a political witch hunt. Newsweek sought email comment from Trump's attorney on Tuesday.
As all vice presidents automatically become president of the Senate, Trump wanted Pence to use his Senate role to refuse to certify the 2020 election result. Smith said that, by using a private attorney to communicate with Pence, Trump cannot not claim presidential immunity.
Read more: https://www.newsweek.com/donald-trump-jack-smith-mike-pence-evidence-2020-election-january-6-1965446
JohnnyRingo
(19,309 posts)I'm not an attorney, and it's a loophole, but the logic carries great weight.
If it was an official act it would be handled by WH council.
brush
(57,471 posts)the election results, as outlined in the Constitution, is still not an official act. It's not an official act as asking the VP to carry out a campaign act (attempting to stay in office and not transfer power) that's not Constitutional and therefore unofficial and thus illegal as hell and hardly covered by immunity.
rampartd
(316 posts)would that make her suit official business?
this entire "immunity" decision is bogus and literally ends the system of checks and balances of whicgh the founders seemed so proud.
thesquanderer
(12,340 posts)UpInArms
(51,794 posts)The use of a private attorney and not the WH counsel is a blinding light between personal and official.
PedroXimenez
(599 posts)we'll see...
gab13by13
(25,224 posts)what's one more violation?
Martin68
(24,597 posts)official actions. That is the role of the White House Counsel.
cilla4progress
(25,901 posts)in practice? Or both?
Martin68
(24,597 posts)he knew it was illegal. Smith is putting together a hundred such points which should add up to very convincing evidence that his acts were don't official and that he knew they are illegal. By itself, it might not amount to enough to convict, but with a number of other such indicators it adds up to an excellent case.
Captain Zero
(7,505 posts)Couldn't it?
As I understand Congress can pass a law to make Roe v. Wade the law,
so why not something around this?
cstanleytech
(26,993 posts)MadameButterfly
(1,690 posts)whether SCOTUS cares about the law. After the immunity ruling we should expect them to twist their arguments to match whatever they want to happen.
I keep hoping Trump does something that scares even the crazy 6 on SCOTUS so they don't want to install him in power. They may be too far gone, but one can hope. When do they figure out that under a dictatorship they have no power? Before or after the election?
surfered
(3,082 posts)jaxexpat
(7,785 posts)We'll see if Smith's interpretation is hld to be valid by the same court which determined Trump's "immunity" from smoke and attitude.
Kid Berwyn
(17,979 posts)IOKIARDI
BlueWavePsych
(3,056 posts)COL Mustard
(6,883 posts)I'm not holding my breath.
Tarzanrock
(456 posts)Jack Smith is "right" on the law! Bad fucking news for you, criminal Turd.
What the fuck is the purpose of the official, presidential "White House Counsel" if the criminal President refuses to use the "official" White House lawyers; and, then deliberately and knowingly goes around the "official" White House Counsel to then commit Felony election and Felony insurrection crimes by using his "private" personal attorneys to engage in such criminal conduct just like the criminal Turd did here? The Crime-Fraud exception to the Attorney-Client Privilege does not protect these criminal attorneys from the criminal activities which they engaged in with the Turd. There is no "immunity" for these crimes. Criminal conduct and criminal conspiracies to commit Felony crimes is not "official" conduct in any Court and even a disingensous, legal hypocrite like John Roberts well knows this to be true.
BattleRow
(1,195 posts)no abortion for you...lock him up.
DallasNE
(7,557 posts)Roberts pointed out that the conversations Trump had where he ordered the Acting Attorney General to do something made it an official act and thus immune. This established who rather than what as the criteria for immunity. That makes no sense. That is what legalizes the President ordering Seal Team 6 to assassinate a political rival. Also, in the chain of command, Trump should have dealt with the Whitehouse Counsel rather than the Acting Attorney General for that purpose anyway. I think Smith saw that problem, so he went for a new set of indictments against Trump, just scrubbing up the earlier document to comply with the SCOTUS decision.
moniss
(5,711 posts)I could expect any claim by the Orange Ruski to be thrown aside. But here we are. So it could be iffy. The other aspect that could negate the idea about the private attorney is that historically Presidents have often enlisted private citizens to assist in providing influence for official actions. So the act of using a private party itself may not necessarily be effective in determining whether an act was official or private.
Martin68
(24,597 posts)White House Counsel.
JustAnotherGen
(33,539 posts)Mr. Smith's case and/or logic. I'd bet the fact that he responded as quickly as he did (relevant to the overall timeline between November 2020 and Today) - he expected and planned for SCOTUS shenanigans.
He knows what he's doing. Let's not second guess his approach.
muriel_volestrangler
(102,476 posts)and it getting more publicity than last week - see https://www.democraticunderground.com/100219528976
Hekate
(94,623 posts)Blue Owl
(54,726 posts)Owens
(326 posts)Wouldn't official documentation be signed off by several people including the president and submitted to Congress as the official record?
Laws are for little people!!!
orthoclad
(4,728 posts)hundreds of thousands of their truest fans with covid, just to have a wedge issue to exploit.
Do you think laws will stop them?
calimary
(84,306 posts)1: I want him OVER, politically, and
2: I want him in JAIL. (Or PRISON, whichever comes first.)
SWBTATTReg
(24,085 posts)one day, but that day is looking further and further off. Call me pessimistic, I guess. We have had so many ups and downs, that this will get tRUMP, or that will get tRUMP, and nothing happens. If anything, it goes to show that anyone w/ unlimited amounts of money can escape justice.
Maybe, just maybe one day, I'll finally be happy to see the prick get thrown in jail or at least house arrest as a minimum.
calimary
(84,306 posts)I want him behind bars and in leg irons.
Hey, I can dream, cant I?
AdamGG
(1,486 posts)Telling the Vice President not to certify the results of a US election doesn't have jack fuck to do with official presidential duties. It's an illegal order and it would be illegal to follow it.
Fuck the SCOTUS for making people jump through these ridiculous hoops.
Response to BumRushDaShow (Original post)
Chin music This message was self-deleted by its author.
Bristlecone
(10,486 posts)SupportSanity
(1,111 posts)Orrex
(64,101 posts)Why would this negate immunity? I'm asking in terms of reality, not the ad hoc clown show that Republicans endlessly create for Trump.
Why does a private attorney invalidate the immunity claim?
BumRushDaShow
(142,233 posts)was to indicate that 45's communications with Department/agency personnel could be considered "protected". And that meant his communications with and attempts to get Jeffrey Clark appointed as "Acting AG", were part of "official duties". Because of that, Jack Smith revised the 45 indictment and removed Clark from it with a revised 45 indictment.
HOWEVER, the key here, like with Clark, had to do with Roberts indicating that communications with current federal staff are part of "official duties".
But when you start bringing in people like Ghouliani, Sidney Powell, Jenna Ellis, etc., who were "personal lawyers", what they are directed to do shouldn't be considered part of any kind of "official duties".
I.e., when it comes to a President's "official lawyer", that would be the White House Counsel (who heads a team of lawyers for the President and offers legal advice regarding E.O.s, signing/vetoing legislation, etc.).
So if 45 directed a "private" (non-federal employee) lawyer to contact Pence to encourage Pence to violate the law, then all bets should be off to consider that any kind of "official duty".
Orrex
(64,101 posts)That's a terrific strategy by Smith!
It's just a shame that we have a SCOTUS willing to make up laws on the fly to cover for Trump.