Smith withdraws subpoena of Trump campaign

 November 1, 2023

In a rare sign of restraint, federal prosecutor Jack Smith has withdrawn a subpoena of President Trump's 2020 campaign. 

The move suggests that Smith is closing at least one aspect of his sprawling probe into Joe Biden's top political rival.

Smith was said to be investigating Trump's political operation for fundraising off of his stolen election claims.

Smith withdraws subpoena

Of course, it is not a crime to raise money for a political campaign, but Smith has shown a willingness to push the envelope when it comes to criminalizing political activity.

His election indictment charges Trump in sweeping language of making "false" statements about voter fraud and causing voters to mistrust the election results through "disinformation."

It only makes sense that Smith would try to charge Trump for fundraising off of those supposedly "illegal" claims. But Smith's August indictment for "election subversion" made no mention of Trump's fundraising.

Smith's probe into Trump's fundraising had picked up one of the threads of the January 6th committee's investigation, which broadly accused Trump of fomenting an insurrection.

Although similar to the January 6th committee's report, Smith's indictment does not charge Trump with sedition, insurrection, or anything of the sort.

"Deranged" prosecutor charges ahead

Smith had previously canceled a subpoena to Save America PAC, a political action committee that Trump has leaned on to pay his exorbitant legal expenses.

Trump is facing four criminal cases and a civil fraud trial - costing him millions of dollars for legal defense and potentially jeopardizing his campaign war chest.

Throughout Smith's fundraising probe, Trump's lawyers had argued that fundraising appeals often involve exaggeration, and any charges would implicate First Amendment protections.

While Smith appears to have given up on criminalizing fundraising, he is charging ahead like an enraged bull in his twin prosecutions of Trump for classified documents and "election subversion."

The prosecutor won an audacious request for a gag order after Trump repeatedly disparaged Smith as "deranged." The judge rejected Smith's overzealous demand for compliance to be a condition of Trump's release, however.

In another possible setback for Smith, the judge in Trump's classified documents case signaled she might push back the May trial date, calling Smith's schedule unrealistic. Smith's "election subversion" case will go to trial in March.

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