# DOJ/Jack Smith Investigation into Trump and Election Interference, January 6th Insurrection (Re-Indicted August 27, 2024)

**URL:** <https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [November 23, 2022, 8:14pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455 "2022-11-23T20:14:01Z")\
**Posts on this page:** 20\
**Page:** 71

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**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\
**Post date:** [September 11, 2023, 11:44pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1402 "2023-09-11T23:44:43Z")

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> [@Odesio](#):
>
> If they happen to work, great, but their purpose is to play to his base and with any luck influence potential jurors.

Or even looking past, to the voters. There are some for whom a guilty verdict will swing, if not their vote then _if_ they vote. Setting up playing to them that he was found guilty only because that nasty racist judge was biased against him and, so unfair, wouldn’t recuse herself.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 12, 2023, 12:11am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1403 "2023-09-12T00:11:08Z")

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Sidebar, from that article:

> In asking Chutkan to step aside, the Trump legal team is relying on a familiar playbook. He tried unsuccessfully to get the judge removed from the hush-money case against him in New York state court, with his lawyers claiming that New York Judge Juan Manuel Merchan is biased because he’s given cash to Democrats and his daughter is a party consultant.

> But [the judge last month rejected Trump’s demand that he step aside](https://apnews.com/article/trump-hush-money-juan-manuel-merchan-recusal-manhattan-e6ea9180af83bf47443b752fec2c518c), saying he is certain of his “ability to be fair and impartial.”

In Canada, a federal judge who donated to a political party would be facing disciplinary proceedings, possibly kicked off the bench.

Different worlds…

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [September 12, 2023, 12:34am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1404 "2023-09-12T00:34:19Z")

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> [@Northern\_Piper](#):
>
> In Canada, a federal judge who donated to a political party would be facing disciplinary proceedings, possibly kicked off the bench.

Huh. I did not know that. Googling tells me that this would be a violation of ethics guidelines that judges cease ALL partisan political activities upon appointment. Very Good.

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**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\
**Post date:** [September 12, 2023, 12:38am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1405 "2023-09-12T00:38:08Z")

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> [@rocking\_chair](#):
>
> Trump is now trying to get the judge in the dc case to recuse, because…? She said mean things? Also not going to work.

Legal analysts are saying “overwhelmingly likely to fail”, like almost all his other desperate filings. It’s nice to see his lawyers systematically draining money from him, though.

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [September 12, 2023, 12:42am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1406 "2023-09-12T00:42:12Z")

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> [@Euphonious\_Polemic](#):
>
> Googling tells me that this would be a violation of ethics guidelines that judges cease ALL partisan political activities upon appointment.

Where’s the line? Is voting a political activity? And if you prefer a candidate from one or another party, is voting for that candidate a partisan political activity?

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 12, 2023, 1:23am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1407 "2023-09-12T01:23:21Z")

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Everybody votes, and it’s a secret ballot, so it’s not considered partisan; you’re exercising your constitutional right. Much beyond that, and definitely donating money, and you’re likely looking a discipline.

There was one case back in November 2020 when a Provincial Court judge came into Court the day after Trump won, wearing a MAGA hat and a big grin. He took the hat off and left if on his desk for the morning proceedings.

Complaints lodged and he was suspended for a period of time, and came close to being kicked off the bench.

(Pre-Charter, judges didn’t have the right to vote, either federally or provincially. Once s. 3 of the Charter came into force, that was changed to give them the right to vote, but now under very strict conditions on partisan activity.)

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**Author:** ![aurora\_maire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aurora_maire/32/328_2.png) [@aurora\_maire](https://boards.straightdope.com/u/aurora_maire)\
**Post date:** [September 12, 2023, 1:36am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1408 "2023-09-12T01:36:08Z")

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> [@Northern\_Piper](#):
>
> There was one case back in November 2020 when a Provincial Court judge came into Court the day after Trump won, wearing a MAGA hat and a big grin. He took the hat off and left if on his desk for the morning proceedings.

The brainwashing is not just confined to Americans. That’s crazy.

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**Author:** ![Railer13](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/railer13/32/9742_2.png) [@Railer13](https://boards.straightdope.com/u/Railer13)\
**Post date:** [September 12, 2023, 2:05am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1409 "2023-09-12T02:05:01Z")

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> [@Northern\_Piper](#):
>
> There was one case back in November 2020 when a Provincial Court judge came into Court the day after Trump won

Shouldn’t that be 2016? Or did Trump really win in November 2020, and this is all a witch hunt?

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 12, 2023, 2:12am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1410 "2023-09-12T02:12:26Z")

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Fat fingering.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 12, 2023, 3:12am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1411 "2023-09-12T03:12:11Z")

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Here’s a news story about it, from [double checks date] 2017:

> **[Canadian judge who wore Trump hat in court suspended for 30 days | CBC News](https://www.cbc.ca/news/canada/hamilton/zabel-hat-decision-1.4285487)**
>
> A Hamilton judge who wore a "Make America Great Again" hat in court the morning after Donald Trump's U.S. election win last November has been suspended for 30 days.

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<div class="post-metadata">

**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 12, 2023, 3:13am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1412 "2023-09-12T03:13:45Z")

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And the SDMB thread:

> [@Canada judge facing discipline for wearing "Make America Great Again" cap in court](https://boards.straightdope.com/t/canada-judge-facing-discipline-for-wearing-make-america-great-again-cap-in-court/794718):
>
> A provincial court judge in Ontario is facing discipline this past week, for conduct the day after the US election last November. He wore a Trump “Make America Great Again” cap into court, triggering over 80 complaints to the provincial judicial council. He says it was sort of a joke, not an indication of support for Trump. My guess is he’ll be found guilty of bad judgment and reprimanded, but not removed. NY Times article: [Canadian Judge Faces Possible Discipline for Wearing Trump Cap](https://www.nytimes.com/2017/08/23/world/americas/canada-ontario-judge-trump-hat.html?_r=0)[Jud…](http://www.cbc.ca/news/canada/hamilton/trump-hat-hearing-1.4258491)

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [September 12, 2023, 3:38am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1413 "2023-09-12T03:38:41Z")

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> [@Johnny\_L.A](#):
>
> Where’s the line? Is voting a political activity? And if you prefer a candidate from one or another party, is voting for that candidate a partisan political activity?

It’s not nearly as hard as you make it out to be.

I’m a state employee and we have rules about not engaging in political activity on the job. We could say, “Don’t forget to vote!” But we can’t advocate for a particular politician or collect signatures or advertise for political donations at work. The line is very clear and very easy to avoid, I’ve never heard of anyone I know getting in trouble.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 12, 2023, 4:45am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1414 "2023-09-12T04:45:09Z")

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And also, we don’t have primaries where you have to register party affiliation, as some states do in the US. Nor are judges ever elected, so no ongoing connection to political parties.

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**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\
**Post date:** [September 12, 2023, 5:23am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1415 "2023-09-12T05:23:32Z")

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> [@Northern\_Piper](#):
>
> Nor are judges ever elected, so no ongoing connection to political parties.

Most, if not all, states that elect judges do so as a non-partisan position. That doesn’t mean that observers don’t figure out who the liberal and conservative judges are, but technically they aren’t either D or R.

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [September 12, 2023, 12:29pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1416 "2023-09-12T12:29:04Z")

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[One of the three active-duty Marines who participated in the Jan. 6th riot has been sentenced to “probation and 279 hours of community service — one hour for every Marine who was killed or wounded fighting in the Civil War.”](https://www.nbcnews.com/politics/justice-department/marine-capitol-rioter-gets-1-hour-community-service-279-marine-civil-w-rcna104506) Not the solid block of time I might like, but it seems nicely poetic. Here’s hoping that the symbolic value of the sentence isn’t lost on him. The other two are awaiting sentencing.

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**Author:** ![smithsb](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smithsb/32/12107_2.png) [@smithsb](https://boards.straightdope.com/u/smithsb)\
**Post date:** [September 12, 2023, 2:13pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1417 "2023-09-12T14:13:57Z")

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This motion for recusal, it is seems to be a legal way of insulting the judge in this case. DJTs been mouthing off in violation of the bail conditions - perhaps one/some/all his lawyers told him this is the way to do it or you’ll end up in a cell.

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**Author:** ![commasense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/commasense/32/3017_2.png) [@commasense](https://boards.straightdope.com/u/commasense)\
**Post date:** [September 12, 2023, 2:32pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1418 "2023-09-12T14:32:33Z")

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Trump: This judge should recuse herself because she clearly believes that people who commit crimes are criminals who should be convicted. I insist on a judge who is more open minded about the legality of violating the constitution when you feel like it.

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [September 12, 2023, 2:38pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1419 "2023-09-12T14:38:21Z")

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You paraphrase slightly.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [September 12, 2023, 2:42pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1420 "2023-09-12T14:42:24Z")

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Apparently he, and the other two are still active Marines. Why? Particularly when he made statements like “hoping for a second civil war”

He violated his oath. He needs to be dishonorably discharged.

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [September 12, 2023, 4:01pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1421 "2023-09-12T16:01:54Z")

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Yeah - I don’t quite get how they continue to serve, and avoided jail time. IMO, their active duty status made their trangressions worse, not less.

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