From John Gruber:
Alan Feuer and Charlie Savage, reporting for The New York Times:
Jack Smith, the special counsel who indicted President-elect Donald J. Trump on charges of illegally seeking to cling to power after losing the 2020 election, said in a final report released early Tuesday that the evidence would have been sufficient to convict Mr. Trump in a trial, had his 2024 election victory not made it impossible for the prosecution to continue.
"The department's view that the Constitution prohibits the continued indictment and prosecution of a president is categorical and does not turn on the gravity of the crimes charged, the strength of the government's proof or the merits of the prosecution, which the office stands fully behind," Mr. Smith wrote.
He continued: "Indeed, but for Mr. Trump's election and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial."
The Times includes a link to the full 174-page first volume of the report. Without having read it yet, I'll just say this. It should go without saying that Trump's actions are Trump's responsibility. Trump is the already convictedfelon of far lesser crimes, and he should have been (and perhaps, years from now, will be) the convicted felon of the grave crimes against the nation itself that Jack Smith's special counsel team investigated and charged him with.
But Joe Biden deserves blame for the fact that Trump wasn't tried before the 2024 election. I take no pleasure in saying it because I like Biden, a lot, and in most other ways I agreed with his policies and his numerous accomplishments over the last four years. But with regard to Donald Trump, Biden just fucking blew it. It's that simple. Biden wrongly believed that after the 2020 election, and exacerbated by Trump's embarrassing refusal to accept defeat and his ham-fisted attempt at a coup-by-morons on January 6, that Trump was finished, politically. Like Nixon after Watergate, but with even deeper ignominy. Biden thought his own election was proof that the MAGA fever had broken, and the American electorate had returned to some sort of pre-Trump "normalcy". So Biden appointed Merrick Garland, a feckless cowardly fool, as Attorney General, and under Biden and Garland's direction the Justice Department slow-walked the pursuit of justice against Trump for his crimes, thinking it would be better for the nation — a nation, again, that Biden plainly but wrongly assumed was ready to put Donald Trump in the ash heap of history — not to aggressively prosecute Trump as though time was of the essence, so as to remove any possible appearance that they were pursuing his prosecution for political reasons.
What a grave mistake. I hope it winds up not mattering much in the grand scheme of history, but there's a pit in my stomach telling me it will. Jack Smith wasn't appointed Special Prosecutor by Garland until 18 November 2022. Smith was the right man for the job, but he should have been appointed at the very start of the Biden administration in early 2021. That year and a half of abject dithering was the difference between putting Trump on trial and convicting him of the crimes we literally watched him commit on TV, and seeing Trump run out the clock with procedural delays until he had the chance to be reelected, which he was. And now here we are on the cusp of Trump serving a second term in the White House without ever standing trial for his serious crimes against the nation. The urgency was dire, but Biden and Garland acted as though they had all the time in the world, until they realized their mistake far too late.
Biden is like the protagonist in a horror movie who defeats the villain but doesn't finish him off, congratulates himself, and turns his back on his foe and starts walking off into the sunset. All the while, with the audience screaming, "Finish him off! He's getting back up! Turn around! Oh god, I can't watch…"