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Citing “false and discredited accusations,” the president-elect’s legal team made a pitch to Attorney General Merrick Garland to put a final stop to Jack Smith’s “politically-motivated work.”

While the second administration for President-elect Donald Trump remained less than two weeks out, the lawfare against him carried on and appeared to be vying to taint the new car smell before the GOP leader even drove off the lot.

Following Judge Juan Merchan’s decision to schedule the sentencing for the president-elect on Jan. 10, Special Counsel Jack Smith, whose role had been deemed unconstitutional, was preparing to release a final report after both his federal cases had been dismissed “to perpetuate his false and discredited accusations.”

Writing to Garland, Trump’s attorneys Todd Blanche, Emil Bove, John Lauro and Gregory Singer demanded Smith “terminate all efforts toward the preparation and release of the report and suggested, “It is clear, as has been the case with so many of the other actions of Smith and his staff, that the Draft Report merely continues Smith’s politically-motivated attack, and that his continued preparation of the Report and efforts to release it would be both imprudent and unlawful.”

Kicking off their reasoning in the 12-page letter, the attorneys argued, “First, Smith lacks authority under our Constitution to issue a report because he was not validly appointed, and the plain terms of the permanent indefinite appropriation that he has pillaged for more than $20 million clearly do not apply to his politically-motivated work.”

“The preparation and release of a report, therefore, would extend and perpetuate Smith’s violations of the Appointments Clause and the Appropriations Clause,” the letter continued. “Second, the Draft Report violates fundamental norms regarding the presumption of innocence, including with respect to third parties unnecessarily impugned by Smith’s false claims. Releasing the report to the public without significant redactions (that would render its release meaningless) would violate prohibitions on extrajudicial statements by prosecutors and Rule 6(e).”

The legal team further contended that the report’s release “would violate the Presidential Transition Act and the Presidential immunity doctrine” specifically as it pertained to preventing officers “interfering with the ongoing transition process.”

It amounted, as they saw it, to “nothing more than a lawless political stunt, designed to politically harm President Trump and justify the huge sums of taxpayer money Smith unconstitutionally spend on his failed and dismissed cases.”

“Accordingly, because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly,” asserted the letter. “If Smith is not removed, then the handling of his report should be deferred to President Trump’s incoming attorney general, consistent with the expressed will of the People.”

The letter was attached to a motion filed Monday by Trump’s former co-defendants, Walt Nauta and Carlos de Oliveira, in his dismissed documents case. Their motion had also asked Judge Aileen Cannon, who’d ruled Smith’s appointment had been unconstitutional, to prohibit the release of the report.

As it happened, Blanche and Bove had been nominated by Trump to hold the second and third leadership positions behind former Florida Attorney General Pam Bondi at the Justice Department.

Kevin Haggerty
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