Not even 48 hours after an assassination attempt came within an inch of murdering Donald Trump on national television, the former president has effectively conquered the Democratic Party’s attempt to eliminate him from the 2024 election through lawfare.
The federal classified documents case against the de facto Republican presidential nominee has been dismissed by Judge Aileen Cannon on the grounds that the Biden administration’s appointment of Jack Smith as special counsel violated the appointments clause of the Constitution.
Although Cannon’s decision will surely face an appeal, the dismissal fulfills its intended purpose: just as the progressive legal movement launched its onslaught of lawfare against Trump with the sole purpose of imprisoning him before he could win the 2024 election, Cannon’s dismissal punts the only straightforward possible conviction against Trump until after he is, according to poll after poll, slated to beat the incumbent president in the Electoral College if not the popular vote.
Thanks to the gross sexual and legal misconduct of Fulton County District Attorney Fani Willis, the Georgia election case against Trump, once the Left’s greatest hope of locking up their premier political opponent, has been postponed indefinitely. Smith’s federal election obstruction case against Trump, which has been repeatedly postponed thanks to ongoing legal challenges, was dealt its most painful blow by the Supreme Court’s ruling that presidents indeed have total immunity from criminal prosecution for “official acts” of the office and limited immunity for those tangentially related. Manhattan District Attorney Alvin Bragg did succeed in securing a criminal conviction of Trump by contorting federal campaign finance law into state felonies over his hush money payment to silence a one-night stand from 18 years ago, but such an unabashedly partisan manipulation of the law proved an utter nothingburger in the polling, which has only grown more favorable to Trump over time.
By contrast, a straightforward reading of the classified documents case would indicate that Trump indeed violated the statutes in question. Prosecutors maintained that they had Trump on tape conceding that “As president, I could have declassified” classified documents in his possession, “but now I can’t.” Trump could have made an easy play for jury nullification with the jury pool most favorable to him, arguing convincingly that Hillary Clinton and President Joe Biden had gotten away with the exact same things — with Robert Hur admitting he only refused to prosecute Biden on the grounds of his senility.
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But now he doesn’t have to do even that.
The progressive legal movement ripped open Pandora’s box to make the gamble that even if Democrats couldn’t beat Trump at the ballot box, they could eliminate him from the election entirely by weaponizing the rule of law. Now, three cases have been postponed beyond the possibility of securing a conviction before Election Day, and the sole successful conviction, which was unlikely to land any first-time offender behind bars, seems now impossible to do so, given the soaring security risk after the failed assassination attempt against the president. The progressive legal experiment tried, and it failed. But if (or when) Trump wins, Democrats ought not to be shocked when Republicans decide to try out their playbook.
