This doesn’t even make sense

| 10:02 pm EST December 21, 2023
Dear Palmer Report readers, we all understand the difficult era we're heading into. Major media outlets are caving to Trump already. Even the internet itself and publishing platforms may be at risk. But Palmer Report is nonetheless going to lead the fight. We're funding our 2025 operating expenses now, so we can keep publishing no matter what happens. I'm asking you to contribute if you can, because the stakes are just so high. You can donate here.

Donald Trump is trying his best (a term used loosely) to stop Jack Smith from taking him down. He has been trying to get the Supreme Court to deny Smith’s request to hear the matter of his immunity claims. On Wednesday, Trump’s attorneys made a filing with the Supreme Court, asking them to deny Smith’s request. The very first sentence says everything that’s wrong with this filing: “This case presents a fundamental question at the heart of our democracy, … whether a President may be criminally prosecuted for his official acts.” Let’s be perfectly clear: Donald Trump’s incitement of the January 6 insurrection had nothing whatsoever to do with his “official acts.” Indeed, Donald Trump’s term as “president” was over at that point, not to mention that everything he did was unlawful. This ridiculous filing likely explains why Politico felt the need to compare Smith’s team with Trump’s team.

According to Politico, Jack Smith has brought Michael Dreeben onto the team. Politico describes Dreeben “one of the most accomplished modern Supreme Court advocates.” Dreeben has argued more than 100 cases before SCOTUS, which gives him a superior advantage when presenting to the court. Dreeben is also referred to as “a preeminent authority on the court’s criminal law doctrines.” Smith is displaying one of his greatest strengths by involving someone who knows more than he does. Smith knows how to keep his ego in check to secure the right outcome. That trait is rare among lawyers, but it’s not rare for Donald Trump, who barely knows his ass from a hole in the ground.

In direct contrast to Smith’s choice, Trump has added three lawyers to his team, none of whom have strong claims to experience with SCOTUS, except for D. John Sauer, who has argued one case before SCOTUS. The other two are Will Scharf and Michael Talents, and all three are based in Missouri. If SCOTUS decides to hear this case, Sauer will be doing battle with someone way out of his league. Dreeben will, pardon the cliché, mop the floor up with Sauer. While Dreeben has spent his career wielding power in DOJ cases, Sauer has been suing to block President Biden’s student loan forgiveness program and accusing the President of social-media censorship. Big woo.

Trump’s team is trying to make light of Dreeben, calling him a “tainted Democrat operative,” while a former NSC official said: “He’s the hardest working young lawyer I’ve ever seen. His IQ must be 150, 160. He’s a smart kid.” Who are you going to believe, Trump’s team who know how to do nothing more than hurling insults or people who have worked with Dreeben and are aware of his skills? If Trump is innocent as he claims, he should be happy to have SCOTUS resolve the immunity issue once and for all. If they rule that he was immune at the time of his crimes, there goes Jack Smith’s case. Instead, he’s fighting the decision. It doesn’t take a rocket scientist to figure out why: Trump knows he’s not immune to the crimes he committed once he lost the 2020 election. He’s merely trying to buy time.

Dear Palmer Report readers, we all understand the difficult era we're heading into. Major media outlets are caving to Trump already. Even the internet itself and publishing platforms may be at risk. But Palmer Report is nonetheless going to lead the fight. We're funding our 2025 operating expenses now, so we can keep publishing no matter what happens. I'm asking you to contribute if you can, because the stakes are just so high. You can donate here.