Special Counsel Jack Smith had two high profile cases falter, against ex-Virginia GOP Gov. Bob McDonnell and Democratic ex-Sen. John Edwards of North Carolina, Levin said.
Mark Levin tears apart Jack Smith's 38-charge indictment of former President Donald Trump on 'The Story.'
The New York Times at the time called it a high-profile example of several"visible efforts" by Smith's DOJ section, listing other investigations where charges were unsuccessful or not brought including against then-Sen. John Ensign, R-Nev., former House Majority Leader Tom DeLay, R-Texas, the late Rep. Don Young, R-Alaska, and ex-Rep. Allan Mollohan, D-W.V.
"And that's exactly what he did here with these pile-on charges, going behind attorney client privilege and on and on and on." "Under the Constitution, you can't just say, ‘oh, the special counsel made the decision’," he said, adding President Biden is Constitutionally-speaking the individual responsible for making such decisions. Biden, he noted, is the now-defendant's chief political opponent, which is a"serious issue."
Levin remarked Smith must have been"desperate" to find proof that Trump ultimately intended to destroy the documents, which opens the door for the former president's defense team to point out they didn't shred anything and were instead trying to negotiate with the National Archives.
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