“To be clear, offering the Special Counsel a blank check has harmed President Trump’s substantial rights, and DOJ simply could not have funded the entirety of Jack Smith’s expansive politically motivated witch hunt from an alternative source. See Opp’n at 20-21. What has transpired since Smith’s appointment by the Attorney General is exactly what caused concern as the Independent Counsel Act expired. See Mot at 9-10 (quoting from Independent Counsel Hearing testimony that ‘insulation… eliminates the incentive to show restraint in the exercise of prosecutorial power’ and ‘provide[s] an impetus to investigate the most trivial matter to an unwarranted extreme, and to resolve all doubt against the subjects of an investigation’). Since the founding, resource constraints on prosecutors have been regarded as an indispensable guarantee of substantive fairness.”
“The lack of any such constraints here has allowed the Special Counsel’s Office to engage in an unabashed political crusade with zero accountability. The Special Counsel’s Office is pursuing two different cases in two jurisdictions in order to maximize interference in the ongoing presidential election. This tactic is the luxury of a prosecutor facing no resource constraints. And it is far from a forgone conclusion, as the Office seems to treat it, that DOJ ‘could readily have funded the Special Counsel from other appropriations that were available,'” write fat former President Trump’s lawyers in a motion to Florida MAGA Judge Aileen Cannon, part of a larger flurry of similar bullshit filings.
Keep an eye on this. Of course it’s smart to abandon all hope of the Mar-a-Lago docs case going to trial before November, but the real point is almost certainly to fuck up Jack Smith in DC.