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BumRushDaShow

(142,233 posts)
Tue Oct 8, 2024, 08:34 AM Oct 8

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

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Jack Smith Finds Chink in Donald Trump's Armor--His 'Private' Attorney (Original Post) BumRushDaShow Oct 8 OP
That makes sense to me. JohnnyRingo Oct 8 #1
IMO even if he used the WH attorney, asking the VP to not certify... brush Oct 8 #6
wasn'[t his defense in e jean carrol carried by barr's doj? rampartd Oct 8 #7
deleted post thesquanderer Oct 8 #21
Jack Smith is correct UpInArms Oct 8 #2
what do you say to that John Roberts? PedroXimenez Oct 8 #3
Roberts already ignored the law by giving TSF immunity gab13by13 Oct 8 #5
Roberts only gave Tump immunity for official actions. That's Smith's point: a president doesn't use a private lawyer for Martin68 Oct 8 #15
Is that in law or cilla4progress Oct 8 #16
Frankly, I don't know if it the law, but it is a powerful argument that Trump was trying to hide his action because Martin68 Oct 8 #18
Congress could pass a law that negates that Supreme Court ruling? Captain Zero Oct 9 #36
Both plus it's common sense and Trump's attorney should have known better. cstanleytech Oct 9 #40
We are arguing points of law but the question is MadameButterfly Oct 8 #27
It's what a stable genius would do. surfered Oct 8 #4
One man's legal absolute is another's line in the sand. jaxexpat Oct 8 #8
The John Roberts Constitution Kid Berwyn Oct 8 #9
Waiting patiently for ... BlueWavePsych Oct 8 #10
Me too...but.... COL Mustard Oct 8 #31
Jack Smith is "right" on the law! Tarzanrock Oct 8 #11
Kinda like being a little bit pregnant.. BattleRow Oct 8 #13
Roberts Decision Has Problems DallasNE Oct 8 #19
In a normal time with a more "normal" SC moniss Oct 8 #12
Excellent tactic. One doesn't use a "private" lawyer for official presidential functions. That is the function of the Martin68 Oct 8 #14
No way am I going to second guess JustAnotherGen Oct 8 #17
Good to see a lawyer confirming the importance of this muriel_volestrangler Oct 8 #20
This makes me smile Hekate Oct 8 #22
C'mon Jack -- stick it to that fat felonous fuck Blue Owl Oct 8 #23
If it was an official act Owens Oct 8 #24
Oh, silly! COL Mustard Oct 8 #32
The Reich Wing killed orthoclad Oct 9 #37
At this point, I'm so sick of trump that I only want two things: calimary Oct 8 #25
I agree w/ you. But, I doubt anything will ever happen to this disgusting POS. Maybe I'll be pleasantly surprised SWBTATTReg Oct 8 #28
Yep. Boy do I ever get that. calimary Oct 8 #29
Even if he wrote a letter on White House letterhead and had it embossed with the presidential seal AdamGG Oct 8 #26
This message was self-deleted by its author Chin music Oct 8 #30
Cautious optimism Bristlecone Oct 8 #33
Jack Smith is certainly impressive. It's nice to be on offense. SupportSanity Oct 8 #34
Can someone explain this to me? Orrex Oct 8 #35
One of the things that John Roberts did BumRushDaShow Oct 9 #38
Oh, wow. Thanks! Orrex Oct 9 #39

JohnnyRingo

(19,309 posts)
1. That makes sense to me.
Tue Oct 8, 2024, 08:46 AM
Oct 8

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)
6. IMO even if he used the WH attorney, asking the VP to not certify...
Tue Oct 8, 2024, 09:13 AM
Oct 8

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)
7. wasn'[t his defense in e jean carrol carried by barr's doj?
Tue Oct 8, 2024, 09:19 AM
Oct 8

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.

UpInArms

(51,794 posts)
2. Jack Smith is correct
Tue Oct 8, 2024, 08:56 AM
Oct 8

The use of a private attorney and not the WH counsel is a blinding light between personal and official.

Martin68

(24,597 posts)
15. Roberts only gave Tump immunity for official actions. That's Smith's point: a president doesn't use a private lawyer for
Tue Oct 8, 2024, 11:07 AM
Oct 8

official actions. That is the role of the White House Counsel.

Martin68

(24,597 posts)
18. Frankly, I don't know if it the law, but it is a powerful argument that Trump was trying to hide his action because
Tue Oct 8, 2024, 11:20 AM
Oct 8

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)
36. Congress could pass a law that negates that Supreme Court ruling?
Wed Oct 9, 2024, 12:32 AM
Oct 9

Couldn't it?

As I understand Congress can pass a law to make Roe v. Wade the law,
so why not something around this?

MadameButterfly

(1,690 posts)
27. We are arguing points of law but the question is
Tue Oct 8, 2024, 04:52 PM
Oct 8

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?

jaxexpat

(7,785 posts)
8. One man's legal absolute is another's line in the sand.
Tue Oct 8, 2024, 09:23 AM
Oct 8

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.

Tarzanrock

(456 posts)
11. Jack Smith is "right" on the law!
Tue Oct 8, 2024, 10:23 AM
Oct 8

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.

DallasNE

(7,557 posts)
19. Roberts Decision Has Problems
Tue Oct 8, 2024, 11:45 AM
Oct 8

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)
12. In a normal time with a more "normal" SC
Tue Oct 8, 2024, 10:43 AM
Oct 8

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)
14. Excellent tactic. One doesn't use a "private" lawyer for official presidential functions. That is the function of the
Tue Oct 8, 2024, 11:05 AM
Oct 8

White House Counsel.

JustAnotherGen

(33,539 posts)
17. No way am I going to second guess
Tue Oct 8, 2024, 11:17 AM
Oct 8

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.

Owens

(326 posts)
24. If it was an official act
Tue Oct 8, 2024, 03:49 PM
Oct 8

Wouldn't official documentation be signed off by several people including the president and submitted to Congress as the official record?

orthoclad

(4,728 posts)
37. The Reich Wing killed
Wed Oct 9, 2024, 12:44 AM
Oct 9

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)
25. At this point, I'm so sick of trump that I only want two things:
Tue Oct 8, 2024, 04:35 PM
Oct 8

1: I want him OVER, politically, and

2: I want him in JAIL. (Or PRISON, whichever comes first.)

SWBTATTReg

(24,085 posts)
28. I agree w/ you. But, I doubt anything will ever happen to this disgusting POS. Maybe I'll be pleasantly surprised
Tue Oct 8, 2024, 05:20 PM
Oct 8

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.

AdamGG

(1,486 posts)
26. Even if he wrote a letter on White House letterhead and had it embossed with the presidential seal
Tue Oct 8, 2024, 04:46 PM
Oct 8

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)

Orrex

(64,101 posts)
35. Can someone explain this to me?
Tue Oct 8, 2024, 08:07 PM
Oct 8

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)
38. One of the things that John Roberts did
Wed Oct 9, 2024, 04:25 AM
Oct 9

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)
39. Oh, wow. Thanks!
Wed Oct 9, 2024, 06:35 AM
Oct 9

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.

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