Anonymous ID: 8bb677 Sept. 16, 2023, 3:12 p.m. No.19563564   🗄️.is 🔗kun   >>3567 >>3792 >>3811 >>3867 >>4043 >>4184 >>4274

How big can Trump's lead get?

 

HOW BIG CAN TRUMP'S LEAD GET? If you thought former President Donald Trump's lead over the Republican field in national polls could not get any bigger — you thought wrong. The three most recent major polls, conducted in the last 10 days, show Trump with a lead of 47, 48, and 50 points, respectively. In the RealClearPolitics average of all polls, his lead is 43.9 points — higher than it has ever been.

 

One of the new polls is from Fox News, and it shows Trump with 60% support, with Gov. Ron DeSantis (R-FL) in second place, at 13%, 47 points behind Trump. DeSantis is barely ahead of entrepreneur Vivek Ramaswamy, at 11%. Former South Carolina Gov. Nikki Haley is at 5%, and former Vice President Mike Pence and Sen. Tim Scott (R-SC) are tied at 3%. Former New Jersey Gov. Chris Christie is last with 2%. (The three also-rans, Burgum, Elder, and Hutchinson, are at 0%.)

 

So just counting the candidates who register any support at all, it's a seven-candidate field. And for one candidate to hit 60% support in a seven-candidate field is remarkable. It's just not done. But it is a good illustration of Trump's special status as a former president in a field of never-been-presidents and never-will-be-presidents.

 

But, you say, the national polls don't show us anything! It's the state polls that matter. After all, the Republican contest will play out in one state after another — Iowa, New Hampshire, South Carolina, etc. Here's the answer to that: First, 60% support in a national poll is so big that it does indeed show something, and that is the extraordinary level of loyalty a huge number of Republican voters everywhere feel toward Trump. If Trump were at 34%, 2 or 3 points ahead of his nearest competitor nationally, or even 5 or 10 points ahead, it might not show a lot. But 60? That's serious.

 

Second, Trump has big leads in the early states, too. According to the RealClearPolitics average, Trump is up by 30.2 points in Iowa, 31 points in New Hampshire, and 34 points in South Carolina. Yes, those leads are smaller than Trump's 43.9-point average margin in national polls, but they are still really big for the early states.

 

Just look at the new poll of South Carolina from Monmouth University and the Washington Post. It shows Trump in the lead with 46%, Haley next with 18%, Scott at 10%, DeSantis at 9%, Christie at 5%, and Pence and Ramaswamy at 3% each.

Anonymous ID: 8bb677 Sept. 16, 2023, 3:13 p.m. No.19563567   🗄️.is 🔗kun   >>3867 >>4043 >>4184 >>4274

>>19563564

There are a few interesting things in there, including DeSantis being in fourth place in a GOP contest. That's really bad news for the Florida governor. Also, Ramaswamy does not appear to be taking off in South Carolina the way he has elsewhere. And of course the big thing is that two of the state's best-known politicians, Haley and Scott, are running against each other in a presidential primary in their home state and neither one is the leader.

 

There were some clear differences between South Carolina Republicans who support Trump and South Carolina Republicans who support another GOP candidate. Trump Republicans are more strongly anti-abortion: 73% said they believe abortion should be illegal in most or all cases, versus 44% of non-Trump Republicans who feel the same way. Trump Republicans also feel more intensely about parents' rights: 90% said they believe parental rights are extremely or very important, while 73% of non-Trump Republicans said so.

 

Trump Republicans also feel more strongly about gun rights: 89% said gun rights are extremely or very important, while 68% of non-Trump Republicans said so. Eighty-nine percent of Trump Republicans said the Justice Department being used for political purposes is a serious problem, versus 64% of non-Trump Republicans. And finally, there's a huge difference in the way Trump and non-Trump Republicans see the 2020 election. Among Trump Republicans, 87% said President Joe Biden won "due to voter fraud," while only 7% said Biden won "fair and square." Among non-Trump Republicans, 31% said Biden won "due to voter fraud," while 62% said Biden won "fair and square."

 

That's not just a huge difference, it's a huge difference that goes to the very rationale for the Trump candidacy: Do you believe Trump was cheated or not? On the other hand, giving poll respondents a choice between saying Biden won "fair and square" or "due to voter fraud" is a bad choice that probably misses a lot of GOP sentiment about the election. Many Republicans believe Biden won but still think there was something hinky about the 2020 voting. They're not saying it changed the outcome, they're not claiming there's proof, but they feel there was something not quite right about the way the voting was conducted and want to see it done better in 2024. Asking a poll question in a way that discovers those feelings would be a good idea.

 

In any event, the newest polls show Trump's lead momentum continuing, even as he rises to previously unthinkable levels.

 

https://www.washingtonexaminer.com/opinion/how-big-can-trumps-lead-get

Anonymous ID: 8bb677 Sept. 16, 2023, 3:13 p.m. No.19563569   🗄️.is 🔗kun   >>3811

FOR IMMEDIATE RELEASE: September 16, 2023 CONTACT: J.P. Duffy or Alice Chao, (866) FRC-NEWS or (866)-372-6397

 

Donald Trump Wins Family Research Council Action's Pray Vote Stand Summit Straw Poll

 

WASHINGTON, D.C. – Former President Donald Trump has won Family Research Council Action's Pray Vote Stand Summit Straw Poll, receiving nearly 64 percent of the votes cast. Florida Governor Ron DeSantis finished second with just over 27 percent of the vote. Ron DeSantis won the vice presidential straw poll with 25 percent of votes cast. Over 1,600 people were registered for the Summit. Only FRC Action members who were present at the event were allowed to vote.

 

Family Research Council Action Chairman Tony Perkins released the following statement in reaction to the straw poll results:

 

“Nearly 91 percent voted for either Donald Trump or Ron DeSantis. Both candidates have stood strong against the cancel culture and woke corporate America on behalf of the American family. They have aggressively defended parents and religious freedom.

 

“SAGE Cons (Spiritually Active, Governance Engaged Conservatives) want a proven leader who not only understands the threats to our freedoms but is committed to fighting back against the leftist mob that has weaponized the government against the American people,” concluded Perkins.

 

Full Straw Poll Results are posted at: https://washingtonstand.com/news/presidential-straw-poll-results-pray-vote-stand-summit-2023

 

https://frcaction.org/frcaction2015/donald-trump-wins-family-research-council-actions-pray-vote-stand-summit-straw-poll

Anonymous ID: 8bb677 Sept. 16, 2023, 3:13 p.m. No.19563572   🗄️.is 🔗kun   >>3573 >>3792 >>3811 >>3867 >>4043 >>4184 >>4274

The Great Washington Of Our Time: Trump Is Leading America To The Biggest Victory For Freedom In 240 Years

 

There can be no doubt that President George Washington left an indelible mark on the freedom-fueled legacy of American history, rightfully earning him the title “Father of our Country.”

 

From his days as a cocky young military man during the French and Indian War to his time serving as the General and Commander-in-Chief of the Continental Army during the War for Independence, Washington brought a steady calm to the country even when the colonies were mired in violent chaos.

 

Great leaders often arise during difficult and trying periods of history that test the strength and integrity of good men and women. During the Revolutionary War and beyond, America turned to George Washington. During the Civil War, the country trusted in the leadership of President Abraham Lincoln.

 

And now, as the United States peers into the gaping abyss of encroaching federal tyranny, liberty-loving patriots are turning to President Donald J. Trump because they see in him an echo of our past leaders who led the way through some of America’s most stunning challenges.

 

Unprecedented times create unprecedented leaders

 

In the aftermath of the terror attacks of Sept. 11, 2001, then-civilian and billionaire Donald Trump wasted no time getting down to Ground Zero and doing everything he could to assist operations there. This is a fine example of a man who has always been willing to extend a helping hand to those around him and to provide a dependable and even-keeled leadership style amidst a crisis.

 

Like Washington, Trump came into the American political scene as an affluent businessman. Washington made his money as a land speculator and farmer. Trump made his money as a real estate developer. Both men chose to utilize their station in life as a pathway to serve their country rather than retreat into obscure retirement. Both men also faced incredible challenges.

 

Washington led an army against the reigning military superpower of his time. The British military was infinitely better equipped, armed, and trained when compared against the Continental Army. And yet, Washington utilized his prior knowledge of guerrilla warfare and capitalized on his unshakable confidence to slowly chip away at Britain’s stiff fighting style.

 

He was there pic.twitter.com/7UJvJHPaGd

 

— Jack Poso 🇺🇸 (@JackPosobiec) September 11, 2023

 

According to Mount Vernon, Washington actually lost more battles than he won, and he spent a great deal of time retreating in the face of superior British army forces. Despite these obstacles, Washington’s leadership eventually led the Continental Army to victory. The war ended in 1783, and Washington was destined to become America’s first president.

 

Although he was born two centuries later, Donald Trump has done what Washington did by utilizing his rich life experience to project strength and leadership across America. Trump’s history of dealing with the rough-and-tumble New York real estate business has proven to be a springboard to negotiating diplomatic deals as president and strongly blocking even the most aggressive attacks from the D.C. political aristocracy.

 

As president, he brokered the historic Abraham Accords, bringing peace to the Middle East. He brought the unfettered aggression of China, North Korea, and Russia to heel in a singular sweep, demonstrating to the world that calm and steady leadership breeds not only efficiency, but global respect.

 

Like Washington, Trump now faces incredible odds. The full might of the mainstream media, the Democrat political war machine, and the legal system has been aimed at this man from New York who changed the landscape of American politics forever when he jumped into the 2016 presidential race.

 

A heart for service

Anonymous ID: 8bb677 Sept. 16, 2023, 3:14 p.m. No.19563573   🗄️.is 🔗kun   >>3811

>>19563572

When President Washington left office in 1797, he hoped that this new and burgeoning Constitutional republic would not only survive but thrive. He noted, “Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty.”

 

Washington loved his country and his people. He sacrificed relentlessly in the pursuit of liberty, at one time declaring to Continental veterans who were disgruntled with the actions of Congress, “Gentlemen, you will permit me to put on my spectacles, for I have not only grown gray, but almost blind, in the service of my country.”

 

According to Hillsdale College, this singular statement ended a military ploy that would have forced Congress to provide money to soldiers who fought in the War for Independence. Washington’s comment reduced some to tears as they considered the true measure of their leader’s sacrifices throughout the war.

 

While America today is a starkly different place than it was in the 18th century, citizens who appreciate our hard-won freedoms recognize that President Trump is a man who has a deep and resounding love for his country.

 

In his speech in South Dakota, @realDonaldTrump gets emotional when talking about the decline of America under Joe Biden and how Americans are hurting every single day.

 

This is a man who loves his country. 🇺🇸 pic.twitter.com/XMNg5AYhGX

 

— Steven Cheung (@TheStevenCheung) September 9, 2023

 

During recent remarks made in South Dakota, Trump became visibly emotional while discussing the overwhelming decline of American strength and liberty under the Biden regime.

 

He stated, “Now, we are a nation in decline. We are a failing nation.”

 

He paused for a few moments, looking across the crowd and perhaps reflecting on the difficult challenges he has overcome and thinking ahead to the even greater challenges that still lay before him. He continued, “Like those patriots before us, we will not bend, we will not break, we will not yield, we will never give in, we will never give up and we will NEVER EVER BACK DOWN!”

 

Great courage and great men

 

It takes great courage to stand resolutely against a stacked deck of political and legal attacks and nevertheless work to represent the will of a battered republic. It takes great courage to call for peace when a corrupt establishment is salivating for war. It takes great courage to run for office again at the age of 77 when life could be so much easier by simply bowing out of the political arena.

 

Some Americans may not like President Trump’s personality or even his politics, but his stamina and his veracious commitment to staying the course is undeniable.

 

In a letter to James McHenry in 1798, Washington wisely wrote, “It is infinitely better to have a few good Men, than many indifferent ones.”

 

Trump has shown Americans how effective one man with a vision to work and rebuild American greatness can be. One man who stands against the establishment machine has done more good for modern liberty than hundreds of power-hungry and elitist politicians.

 

Washington led America to an unprecedented victory that forged the foundations of independence, justice, and constitutional freedoms. Likewise, President Donald Trump is leading America now to an emerging renaissance of liberty upon a victorious 2024 presidential election that will reverse the country’s downward tailspin and, instead, set us on a course for greatness once again.

 

https://www.rsbnetwork.com/news/the-great-washington-of-our-time-trump-is-leading-america-to-the-biggest-victory-for-freedom-in-240-years/

Anonymous ID: 8bb677 Sept. 16, 2023, 3:19 p.m. No.19563602   🗄️.is 🔗kun   >>3606 >>3607 >>3792 >>3811 >>3867 >>4043 >>4184 >>4274

Texas State Rep. Calls for House Speaker Dade Phelan to “Step Down” After Acquittal of AG Ken Paxton on All Articles of Impeachment

 

Texas State Representative Brian Harrison has called for House Speaker Dade Phelan to “step down immediately” following the acquittal of Attorney General Ken Paxton on all articles of impeachment. Harrison’s demand comes on the heels of a statement released by Paxton earlier this year, in which he accused Phelan of being “unworthy of Texans’ trust.”

 

In a scathing statement, Rep. Harrison wrote, “Speaker Phelan must step down now for empowering this Democrat effort while killing Republican priorities.” He continued, “I applaud the Texas Senate for conducting a fair and transparent trial and for reaching a verdict that was obviously correct given the shocking lack of evidence.”

 

Harrison accused the Texas House leadership of misleading and pressuring Republicans to join a Democrat-led effort to impeach Paxton, thereby tarnishing the reputation of the entire Texas House. He also called for an investigation by the State Auditor’s office to determine how much taxpayer money was wasted on the impeachment proceedings.

 

Read his full statement: https://twitter.com/brianeharrison/status/1703105116763537648

 

I applaud the Texas Senate for conducting a fair and transparent trial and for reaching a verdict that was obviously correct given the shocking lack of evidence. The Texas House leadership, who mislead and pressured Republicans to join a Democrat effort to overturn an election, has, possibly irreparably, disgraced itself and tarnished the reputation of the entire Texas House.

 

The staggering incompetence and dishonest conduct on display by the leadership of the Texas House, House General Investigating Committee, and Board of Managers must be repudiated.

 

Before trial, House leadership said, in writing, that Attorney General Paxton demonstrated a “shocking pattern of abuse and criminality” and “the evidence we found was conclusive.” These were either outright lies, or the House Managers were so blinded by their desire to railroad a political enemy that they failed to take time to learn the truth. We now know that much of what was presented as fact by members of the House General Investigation Committee were demonstratable falsehoods. Yet many House Republicans relied on these assertions and voted to impeach.

 

The next generation is on the line; with every freedom and liberty being eroded.

 

Yet instead of securing the border, passing school choice, banning COVID mandates, fixing our grid and energy market, reining in emergency executive powers, cutting spending, ending property taxes, deregulating our economy, or stopping communist governments from buying Texas land, the Speaker of the House prioritized the impeachment of a recently re-elected Attorney General who has proven he is up to the most important task of our time: fighting the out of control federal government, which seeks to destroy our rights, our freedoms, our liberties, our state sovereignty, and the Constitution.

 

For that reason, in addition to his appointment of liberal Democrats to chair powerful committees and his presiding over the House while clearly unable to execute the duties of his office, I am calling on Speaker Dade Phelan to step down immediately.

 

Also, since the House General Investigating Committee claimed it was so outraged by a potential $3 million appropriation to fund Paxton’s settlement agreement that led to impeachment, and because I also care about protecting tax dollars, I am requesting an investigation by the State Auditor’s office to determine exactly how much tax money was spent to conduct this impeachment in both chambers. Texans deserve to know exactly how much of their money was wasted on this disgraceful and fruitless exercise.

 

If “as goes Texas, so goes the nation,” Texas must lead in the defense of liberty. If we do not, then, as President Ronald Reagan said in 1964, “history will record with the greatest astonishment that those who had the most to lose did the least to prevent its happening.”

 

In May, The Gateway Pundit reported that Texas Attorney General Ken Paxton on Tuesday called on Republican House Speaker Dade Phelan to resign and accused him of being drunk in the Capitol.

Anonymous ID: 8bb677 Sept. 16, 2023, 3:19 p.m. No.19563606   🗄️.is 🔗kun   >>3792 >>3811 >>3867 >>4043 >>4184 >>4274

>>19563602

Here is a video of Dade Phelan where it appears he is inebriated:

 

This is video from last night in the Texas House of Representatives where it appears that TX House Speaker Dade Phelan is either really drunk or having a stroke. pic.twitter.com/dbSG7AO30r

 

— Greg Price (@greg_price11) May 20, 2023

https://twitter.com/greg_price11/status/1660071040612007936

 

“After much consideration, it is with profound disappointment that I call on Speaker Dade Phelan to resign at the end of this legislative session. Texans were dismayed to witness his performance presiding over the Texas House in a state of apparent debilitating intoxication. His conduct has negatively impacted the legislative process and constitutes a failure to live up to his duty to the public,” Paxton said in a statement.

 

“Texans were relying on the House to pass critical conservative priorities including protecting the integrity of our elections and preventing Chinese spies from controlling Texas land. His failures as Speaker have created a credibility crisis for all Republican candidates and for our entire Party. While I hope Speaker Phelan will get the help he needs, he has proven himself unworthy of Texans’ trust and incapable of leading the Texas House,” the Texas Attorney General added.

 

AG Ken Paxton condemned the RINOs in the Texas House the next day.

 

“The liberal leadership of the Texas House has routinely killed conservative legislation including important bills which would help secure our border and protect the integrity of our elections. They have demonstrated nothing but contempt for the traditional values of conservative Texans,” Paxton said in a statement.

 

“It is not surprising that a committee appointed by liberal Speaker Dade Phelan would seek to disenfranchise Texas voters and sabotage my work as Attorney General. The false testimony of highly partisan Democrat lawyers with the goal of manipulating and misleading the public is reprehensible. Every allegation is easily disproved, and I look forward to continuing my fight for conservative Texas values,” he added.

 

On the third day, Texas lawmakers on the GOP-led House General Investigating Committee unanimously recommended impeaching Attorney General Ken Paxton.

 

https://www.thegatewaypundit.com/2023/09/texas-state-rep-calls-house-speaker-dade-phelan

Anonymous ID: 8bb677 Sept. 16, 2023, 3:43 p.m. No.19563704   🗄️.is 🔗kun   >>3706 >>3728 >>4045 >>4068

Three Strikes for Jack Smith: Latest Ruling Should Be the Last for Him

 

Special counsel Jack Smith hasn’t been having a particularly fantastic time when it comes to pretrial rulings in his cases against former President Donald Trump.

 

His latest setback comes in his Jan. 6 case, where a three-judge panel in Washington, D.C., ruled that the special counsel could not have access to conversations on a phone from a top Trump ally in the House of Representatives.

 

The newly unsealed opinion, which was revealed Wednesday, is the proverbial third strike in Smith’s cases against the former president and current front-runner for the 2024 GOP nomination.

 

According to Politico, the ruling from the D.C. Circuit Court of Appeals said that the special counsel’s office violated Pennsylvania Rep. Scott Perry’s rights under Speech or Debate clause of the Constitution in its attempts to secure his smartphone communications with the Trump White House and other colleagues.

 

Article I, Section 6, Clause 1 of the Constitution states that members of Congress shall be “be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; for any Speech or Debate in either House” except in cases of “Treason, Felony and Breach of the Peace.”

 

The FBI had initially seized Perry’s phone in August 2022 after receiving a search warrant — before the special counsel was appointed, but while the Department of Justice was zeroing in on Trump regarding the events surrounding the Capitol incursion on Jan. 6, 2021.

 

“Prosecutors, however, did not immediately access Perry’s phone and instead sought a second search warrant governing its ability to review Perry’s communications with other members of Congress, the executive branch and others related to the 2020 election,” Politico reported.

 

A lower court ruling by U.S. District Judge Beryl Howell, Politico noted, “largely sided with the Justice Department’s effort to access Perry’s phone,” with Howell arguing that Perry’s “informal” fact-finding about the results of the 2020 election was not protected by the Speech and Debate clause.

 

The unsealed decision from the three-judge panel on Wednesday overturned that ruling, sending the case back to Howell.

 

“While elections are political events, a Member’s deliberation about whether to certify a presidential election or how to assess information relevant to legislation about federal election procedures are textbook legislative acts,” wrote Judge Neomi Rao in the majority opinion.

 

“Representative Perry’s conversations with other Members concerned the passage of proposed legislation as well as the exercise of the constitutional duty to certify the electoral votes from the 2020 election,” Rao wrote. “These communications were privileged, and we leave it to the district court to implement this holding on a communication-by-communication basis.”

 

While all three judges on the panel joined Rao’s decision, Judge Greg Katsas issued a concurring opinion in which he said he viewed the privilege more narrowly than the other two judges on the panel, but that his narrower view of the Speech and Debate clause did not apply to “informal” fact-finding in question.

 

“The privilege claims asserted by Representative Perry are substantially overbroad. Many of the disputed records involve communications through which he sought to influence the conduct of officials outside the Congress—Executive Branch officials, state legislative officials, and campaign officials. Many other records involve press releases or media statements,” Katsas wrote, asserting that these were unprotected.

 

“But some of the disputed records involve nothing more than Representative Perry gathering information to inform upcoming votes. In my view, the Speech or Debate Clause protects that activity.”

 

Rao and Katsas were Trump nominees; the other judge on the panel, Karen LeCraft Henderson, was nominated by President George H.W. Bush. Howell was an Obama nominee.

 

New: DC Circuit unsealed its opinion in the fight over Rep. Scott Perry’s phone records in the Jan. 6 probe — panel rejected both sides’ proposed categorical rules, sent back for “communication-by-communication” reviewhttps://t.co/Abs7Qujoeh

 

Prev: https://t.co/0Lf4Wk9Hhd pic.twitter.com/5Cuc08QWc7

 

— Zoe Tillman (@ZoeTillman) September 13, 2023

Anonymous ID: 8bb677 Sept. 16, 2023, 3:44 p.m. No.19563706   🗄️.is 🔗kun

>>19563704

The decision was described by Politico as “a setback for Smith and comes on top of more than a year of delay that investigators have encountered in seeking Perry’s records, but the ruling could also have significant impact any time the Justice Department seeks to investigate the actions of members of Congress.”

 

“It’s unclear whether Smith will appeal the decision to the full bench of the D.C. Circuit or to the Supreme Court. His office declined to comment, as it did last week when the court released an order broadly outlining the outcome of the fight,” Politico noted.

 

Perhaps most importantly, however, it comes as the special counsel’s office is experiencing what could be charitably termed a late-summer dry spell.

 

On Aug. 7, Judge Aileen Cannon, the Florida judge overseeing the Trump confidential information case, struck down two of Smith’s filings and demanded he explain “the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district,” according to Axios.

 

Meanwhile, in a July 31 hearing, the special counsel’s team admitted to the court that it hadn’t turned over all pertinent evidence to Donald Trump’s defense lawyers despite previously avouching that they had.

 

The evidence was part of a superseding indictment filed on July 27 in which Smith’s office filed additional charges against Trump, claiming he instructed his team to delete security footage at his Mar-a-Lago estate prior to the August 2022 FBI raid there.

 

“On July 27, as part of the preparation for the superseding indictment coming later that day and the discovery production for Defendant De Oliveira, the Government learned that this footage had not been processed and uploaded to the platform established for the defense to view the subpoenaed footage,” the July 31 filing read.

 

“The Government’s representation at the July 18 hearing that all surveillance footage the Government had obtained pre-indictment had been produced was therefore incorrect.”

 

The prosecutors were required by law to upload the footage to an online platform where it could be viewed by the former president’s counsel.

 

In a statement after that legal faux pas came to light, Trump accused Smith of “prosecutorial misconduct.”

 

JUST IN: Donald Trump accuses special counsel Jack Smith of “prosecutorial misconduct” as he flat out denies the accusation that he told his head of maintenance to delete security footage.

 

According to the indictment, head of maintenance Carlos De Oliveira told an employee that… pic.twitter.com/ZfH7I1mQs3

 

— Collin Rugg (@CollinRugg) July 30, 2023

 

Perhaps unsurprisingly, Smith was in court Friday seeking a gag order against Trump, which he insists will be “narrowly tailored” to prevent “disparaging and inflammatory attacks” which could “present a serious and substantial danger of prejudicing” jurors against the prosecution in the Jan. 6 case, according to ABC News.

 

Why bother, though? From the three strikes that Smith has rung up in the last month and a half, it seems like Smith is doing a good enough of that on his own accord.

 

https://www.westernjournal.com/three-strikes-jack-smith-latest-ruling-last