Jack Smith has failed in his quest to try Donald Trump before the 2024 election. So instead, the Special Counsel has bent ordinary procedure to get in one last shot, just weeks before voters go to the polls. ... ... The larger, if less obvious, headline is that Smith has essentially abandoned any pretense; he'll bend any rule, switch up on any practice " so long as he gets to chip away at Trump's electoral prospects. At this point, there's simply no defending Smith's conduct on any sort of principled or institutional basis. "But we need to know this stuff before we vote!" is a nice bumper sticker, but it's neither a response to nor an excuse for Smith's unprincipled, norm-breaking practice. (It also overlooks the fact that the Justice Department bears responsibility for taking over two and a half years to indict in the first place.)
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