Mueller, She Wrote: THREAD: Today is a sad day for justice

[Dennis Donovan]

Mueller, She Wrote‬ ‪
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28m
THREAD: Today is a sad day for justice. Jack Smith and the DoJ are bound by the Constitution to dismiss the charges against Trump. It's unlikely that charges will be brought again in four years, but the DoJ doesn't want to close the door completely and has asked for dismissal without prejudice. 1/

‪Mueller, She Wrote‬ ‪
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Starting last year, the Supreme Court stepped in and delayed the trial, which was scheduled for March, 2024. Were it not for the Supreme Court, the trial would have concluded well before the election. 2/

‪Mueller, She Wrote‬ ‪
@muellershewrote.bsky.social‬
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But this past July, the court decided that Trump is a king, significantly delaying the trial again. Even if Trump hand't been elected, we still would not see a trial for at least another year, and that's IF the Supreme Court agreed with the immunity determinations from Judge Chutkan. 3/

‪Mueller, She Wrote‬ ‪
@muellershewrote.bsky.social‬
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And if Judge Chutkan grants the DoJ's motion to dismiss without prejudice, and even if a new DoJ in 2029 decides to bring the charges again, DoJ would have to ask the corrupt Supreme Court to toll the statute of limitations. I doubt they would. 4/

‪Mueller, She Wrote‬ ‪
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There is literally nothing the DoJ could have done to make this trial happen in the face of the Supreme Court.

Nothing.

Nor is there anything they could do now that wouldn't have to be considered by the Supreme Court. 5/

‪Mueller, She Wrote‬
@muellershewrote.bsky.social‬
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Even if Garland had appointed a Special Counsel in 2021. Even if he didn't have 8 reluctant but crucial witnesses stall the case for over a year while they claimed executive privilege. Even if we had been told loudly about all of it. The Supreme Court got the final say. 6/

‪Mueller, She Wrote‬ ‪
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That is why elections have consequences. We lost in 2016 and ended up with a corrupt Supreme Court as a result. We lost in 2024 and ended up with a constitutionally immune president-elect instead of a trial. 7/

‪Mueller, She Wrote‬ ‪
@muellershewrote.bsky.social‬
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All of this rests squarely at the feet of a handful of corrupt justices, installed by billionaires who want their specific presidents to be above the law. 8/

‪Mueller, She Wrote‬ ‪
@muellershewrote.bsky.social‬
26m
Many folks ask why Biden isn't using his immunity to do something. That's because it's not "his" immunity. It's the Supreme Court's. The justices set it up in such a way that THEY decide on a case-by-case basis which president is immune for what act. 9/

Mueller, She Wrote
‪@muellershewrote.bsky.social‬
I doubt Leonard Leo's SCOTUS would grant the same immunity to Biden that they granted to Trump. THEY decide. So you can blame who you like, but for me, the blame belongs with the court. No matter who indicted Trump or when, SCOTUS was not going to let Trump be prosecuted. Period. END/
November 25, 2024 at 3:25 PM

[Charging Triceratops]

1. No peaceful means will stop these fascist criminals

We are not free.

[DeeDeeNY]

2. Garland isn't the only one to blame for justice denied

In November 2020, after Trump had already lost to Joe Biden, 12 Democratic Senators voted to confirm Trump's judicial pick of Aileen Cannon and 13 Democratic Senators didn't vote at all.

https://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00228.htm

[dpibel]

3. Where in the Constitution?

Mueller, She Wrote says, "Jack Smith and the DoJ are bound by the Constitution to dismiss the charges against Trump."

I could be behind on this, but what I read in Smith's motion is that the Office of Legal Counsel decided that the old OLC decision about charging a sitting president applied to this situation.

An OLC opinion may purport to be based on the Constitution, but the matter has never been litigated, never decided by the Supremes or any other level of federal court.

That hardly constitutes "bound by the Constitution."