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I had plans to write about a number of things tonight, most importantly, the not-unexpected but still deeply disturbing dismissal of the federal criminal cases against Donald Trump. Instead, I’m going to just share a few quick thoughts with you, and then I’m going to turn in. Thanksgiving preparation is not for the weak, and I’m exhausted from it! It’s only Monday, and today, I went to three stores looking for the broccolini a recipe I’m making calls for, only to be shut out at the first two places and disappointed by the quality at a third. I need some sleep before I try to process what happened today in a serious way.
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But I did want to leave you with a quick and hot-ish take on the dismissals. The most important thing is this: Donald Trump is not innocent.
Often, when prosecutors dismiss criminal cases that have been indicted, it’s because they’ve learned a defendant is actually innocent or at least discovered they do not have sufficient evidence to prove guilt. That is not the case here. Special Counsel Jack Smith wrote that his view of the merits of his case—in other words, his ability to obtain and sustain convictions against Donald Trump, has not changed.
Trump outran the justice system by winning the election. It is DOJ policy, not a lack of evidence, that compelled Smith to move to dismiss the cases. That is no small thing. Trump won’t face juries in these cases. But that does not mean Trump can claim he has been exonerated. He has not been. Full stop.
Smith will write a report and it’s extremely likely it will be public. How fulsome it will be and what it reveals remains to be seen. The question is whether it will make a difference in some meaningful way in the future.
I continue to think it will. We have lived through one of the most difficult months our democracy has endured. But our democracy has endured. We don’t get to quit just because it isn’t easy. Sometimes, you give it your all and it still doesn’t go your way. But if you believe the Constitution and the rule of law mean something, mean a better way of life for us and our children—and I do—then you can’t just give up and walk away. You have to keep going.
So even as I’m getting ready to spend the rest of the week with friends and family, I’m thinking about what we are going to do, how we are going to be prepared to do the big things and the small things necessary to prevent Donald Trump from controlling our futures. We will have work to do.
Trump has threatened to fire and prosecute investigators and prosecutors who followed the law, took their evidence to a grand jury, obtained indictments, and proceeded against him, while providing him with every measure of due process. His Attorney General nominee Pam Bondi said in August of 2023 that when Trump returned to office, “the prosecutors will be prosecuted — the bad ones — the investigators will be investigated.” That’s unconscionable for a person who aspires to be the country’s top law enforcement officer. Bondi, unless she changes her tune, and that seems unlikely since she Donald Trump’s pick, is precommitted to using the Justice Department as a political tool to please a president.
But that’s easier said than done. Former FBI acting Director Andrew McCabe won his lawsuit against the Trump Administration after he was wrongfully fired. And it’s easy to see how efforts like this could backfire. If Trump’s DOJ goes after Smith’s team, claiming their prosecutions were political, the ensuing litigation would almost certainly reveal the full scope of the Special Counsel’s office investigation and the evidence that was compiled against Donald Trump and others. Defending themselves against claims their prosecution wasn’t legitimate would necessarily call for a full account of the investigation and the basis for prosecutors’ decision to indict. Trump should remember that old adage: Be careful what you ask for.
There is much more to come. I’m not giving up and I hope you won’t either.
We’re in this together,
Joyce
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