For John, BLUF: Our politics appears to be becoming more and more partisan. Is there a way we could pause? Nothing to see here; just move along.
Here is the sub-headline:
From The [Lowell] Sun, by Noah Feldman, 26 November 2022.
Here is the lede plus three:
To no one’s surprise, Attorney General Merrick Garland has appointed a special prosecutor, Jack Smith, to investigate former President Donald Trump. You might think that you’ve seen this movie before. But there’s little reason to think this will be a repeat of the Robert Mueller investigation that declined to bring charges against Trump. Charges are more likely this time around — though that doesn’t guarantee they will stick.The article is kind of disrespectful of former US Attorney General William Barr, while puffing up Attorney General Merrick Garland.Remember how worried we were about whether special counsel Mueller would be fired? And remember how then-Attorney General William Barr subverted Mueller’s report by misrepresenting its contents in advance of its release?
Garland is no Barr. He will respect the special counsel’s independence. It would be almost impossible for him to insist on prosecution if Smith judged it inappropriate. And it would be astonishing if he blocked charges that Smith wanted to bring. Either method of contravening the special prosecutor would politicize the prosecution decision. Garland’s whole emphasis at the Department of Justice has been to restore the department to its traditional (and desirable) status as nonpartisan.
Smith is by all accounts a straight shooter, free of partisan bias. He won’t be afraid to charge Trump with federal crimes if the evidence supports it. That’s bad news for Trump. Especially because, with respect to the classified documents Trump took from the White House to Mar-a-Lago, it already seems clear there is enough evidence for criminal charges.
More interesting to me is how the author sees Special Council Jack Smith as "a straight shooter, free of partisaan bias." Not everyone sees it that way. Take Ms Mia Cathell, of Town Hall. Her 25 November 2022 (11:00 AM) article, "There's Something Fishy About the Special Counsel Investigating Trump" brings up how Mr Smith went after Virginia Governor Bob McDonnell, esentially knocking him out of the 2016 GOP Presidential Primary Race. The fact that the US Supreme Court reversed the conviction 9 to 0 doesn't erase the blot at the time, which disrupted our political process. I would mark him down for this.
Then, there is Mr Smith's close association with the former IRS Official, Ms Lois Lerner. Enough said.
Hat tip to the InstaPundit.
Regards — Cliff
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