• Jesse Jackson has announced his retirement, leaving him with more time to spend with the Good Book.
• As we go to press, the nation is awaiting yet another indictment of Donald Trump. Jack Smith, the special counsel whom Attorney General Merrick Garland appointed, is expected to charge Trump with illegally scheming to reverse the 2020 election. On July 15, Trump announced that he had received a “target letter,” which indicates that prosecutors have decided to file charges. Smith gave him a four-day deadline to appear before the grand jury (an offer he knew Trump would decline), signaling an imminent indictment. While it is possible Smith will surprise us, early signs suggest this case will not be compelling. Smith appears to be pursuing creative theories of fraud, obstruction, and civil-rights violations. This would be perilous. As the Supreme Court has emphasized, prosecutors are not at liberty to criminalize conduct that Congress has not clearly codified in penal statutes. And, especially in light of the misadventures of the last two election cycles, presidential candidates should not be charged in the absence of compelling evidence of serious crimes. The Mar-a-Lago indictment appears to meet that standard. This case likely does not, even though Trump’s underlying conduct was disgraceful.
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