Now that Joe Biden stumbled so badly in the first presidential debate, lawfare is more important than ever to Democrats, but Jack Smith’s Jan. 6 case against Donald Trump is hanging by a thread. …
No matter how favorable the presidential race has looked for Donald Trump , there’s always been the possibility that special counsel Jack Smith would get to trial with his Jan. 6 case before the election and, at the very least, dominate the news cycle for weeks and, in all likelihood, convict Trump in a case involving more serious matters than hush money to a porn star.
As it is, Smith has been in a race against the clock because the political usefulness of his prosecution disappears after Election Day 2024 and if Trump wins, the prosecution itself goes away. The obvious play for Smith would be to strip his case down to charges involving private acts, such as the so-called fake electors scheme.
Meanwhile, two of Smith’s charges rely on a provision passed as part of the Sarbanes-Oxley Act after the 2001 Enron scandal that doesn’t obviously apply to the events of Jan. 6.
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