It should surprise nobody that Agent Smith is more than prepared for the bullshit charges Trump is trying.
I like the first one the most. "You can't prosecute me for my crimes because I just remembered I'm running for office!" doesn't seem like it should work.1. This "unprecedented interpretation" of the Hatch Act statute would mean former public officials, merely by seeking reelection, could avoid prosecution.
2. Complaints about page limits, fast-tracked appellate proceedings, and "routine" prosecutorial actions do not a Hatch Act violation make.We are aware of no court decision, prior Office of Special Counsel finding, or other authority interpreting the Hatch Act to prohibit prosecutors from investigating allegations of criminal conduct committed by former public officials or candidates for public office, or prosecuting those cases when the facts and law so dictate. Application of such an unprecedented interpretation of the statute risks interfering with the Department of Justice's ability to investigate and prosecute public officials or candidates for public office. Such an interpretation also cannot be squared with the numerous historical cases that the Justice Department has successfully brought against public officials for wrongdoing.
3. Trump's Jan. 6 judge signed off on Smith's push to prosecute Trump up to and through the election.For instance, in support of his assertion, Senator Cotton cites such unremarkable examples as Mr. Smith seeking "special permission to exceed the normal maximum page limit," asking for a trial date five months after the indictment, and "moving for an expedited review by the appeals court." These routine actions are consistent with and expected of a prosecutor who is prosecuting a case, and they were subject to court approval.
4. Trump's selective and vindictive prosecution claims, and complaints about the timing of his prosecutions, failed in court.The court overseeing the prosecution of President Trump in the District for the District of Columbia reaffirmed this bedrock principle that the justice system is not subservient to politics, repeatedly expressing that President Trump's campaign for President has no bearing on the judicial process: " [T]he fact that [President Trump is] running a political campaign currently has to yield to the orderly administration of justice." […] "I cannot , and I will not, factor into my decisions the effect it's going to have on a political campaign for either side."
5. Smith followed the Richard Nixon precedent when he requested and did not receive certiorari before judgment on Trump's "absolute immunity" claims at the Supreme Court.In fact, courts have already considered and rejected the premise of Senator Cotton's allegation — that the Special Counsel's prosecutorial actions and their timing had "no rationale except for an attempt to affect the 2024 election results." For instance, one court denied a motion to dismiss that alleged the prosecution was selective and vindictive, explaining that "this case illustrates the hazards of relying solely on the timing of charges," and concluding that "the timing of this case's prosecution 'is evidence only of restraint and careful pursuit of potential investigative leads, not vindictive prosecution,' especially given that 'probable cause [was] found by a grand jury for indictment."
When litigating access to the White House tapes in the investigation of President Nixon, the Special Prosecutor filed a petition for certiorari before judgment, which bypassed the court of appeals and moved the case directly to the Supreme Court from the district court. There, the Supreme Court granted the petition for certiorari before judgment "because of the public importance of the issues presented and the need for their prompt resolution." Mr. Smith merely followed this precedent and pursued the same appellate litigation path established by the Supreme Court 50 years earlier.

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