Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) – Faculty of Law) has posted Jack Smith—there He Goes Again / the U.S. Court of Appeals for the Eleventh Circuit Should Reject His Past Political Justifications to Expedite His Latest Appeal on SSRN. Here is the abstract:
Special Counsel Jack Smith is on a mission to convict Donald Trump before the election, and if needed, before the inauguration. At every level of the judiciary, Smith has urged federal judges to move at breakneck speed so he can get his man. Now that Judge Aileen Cannon has determined that Smith was unlawfully appointed, Special Counsel Smith is once again racing for another appeal. But there is no good reason for the courts to move more quickly then they usually would. Indeed, moving any faster or slower than normal would suggest that the judges are favoring one side or the other.
Despite all the faux-outrage about Judge Cannon’s decision, at bottom, she disqualified only one person from pursuing this case: Jack Smith. Cannon did not grant Trump any immunity for his actions during or after he left office. The United States Attorney for the Southern District of Florida is fully capable of prosecuting Trump. To be sure, Attorney General Merrick Garland does not not want his Justice Department to take the heat for prosecuting his boss’s political rival, but that is a political problem for Garland and the administration, and not a legal problem for the judiciary. The Court of Appeals for the Eleventh Circuit has no reason to accommodate politically-motivated efforts to convict Trump before the election or inauguration. Trump should be treated like any other defendant.