Here we go again. Jack Smith, unwilling to relinquish his stranglehold on former President Donald Trump, has filed a new indictment to remove him from his campaign.
Former President Donald Trump is accused of trying to stop the official confirmation of the 2020 election results, which declared President Joe Biden the winner. Some believe this case is part of a Democratic effort to get Trump, a strong opponent of their nominee, Kamala Harris, out of the race. The plan seemed to be working until the Supreme Court changed things.
Last month, the Supreme Court decided that presidents and former presidents can’t be prosecuted for things related to their official duties. However, the court asked lower courts to determine what actions are considered “official” in Trump’s January 6 case.
Now, U.S. District Judge Tanya Chutkan, known for being anti-Trump, gets to decide which parts of the indictment are not covered by this immunity.
Smith’s updated indictment keeps the same charges against Trump: conspiracy to defraud the U.S., blocking an official process, obstructing an official process, and conspiracy against rights. These charges relate to Trump’s actions after the election, just like before.
Smith removed parts of the original indictment that accused Trump of pressuring Justice Department officials to change the election results, as those actions were considered part of his official duties. However, the new indictment still includes charges about Trump pressuring Vice President Mike Pence not to certify the election results.
The indictment also accuses Trump of pressuring state officials to reject their election results, leading a scheme to send false electors to Congress, and using the January 6 attack on the Capitol to try to stop Congress from certifying the election results.
In the updated indictment, prosecutors argue that Trump didn’t have any official duties related to the post-election transition of power. This change helps match the indictment with the Supreme Court’s ruling.
The new indictment removes details about Trump’s interactions with senior Justice Department officials and includes more about when Trump acted as a candidate, not president. It also describes his co-conspirators as private individuals, not government officials.
The new indictment mentions a lawsuit Trump’s campaign filed about the results in Georgia, saying it was done in his role as a presidential candidate, not as president.
Prosecutors also argue that when then-Vice President Mike Pence oversaw the Electoral College certification on January 6, 2021, he was in a ceremonial role, not an official one. This means Trump’s pressure on Pence was outside his official duties.
Finally, the indictment removes references to Co-Conspirator 4, who was identified as Jeffrey Clark, a Justice Department official accused of trying to help Trump overturn the election results.
Former Senate Judiciary Committee lawyer Mike Davis thinks Smith knew it was unlikely he could start a trial against Trump before the November election. He believes the updated charges might be meant to push for court actions that could hurt Trump before Election Day.
Davis suggests Smith wants a hearing or small trial before Judge Tanya Chutkan in Washington, D.C., to challenge Trump’s presidential immunity and influence the election.
Some legal experts were surprised by the timing of Smith’s updated indictment. The Justice Department manual says prosecutors should avoid actions that could influence an election or give any candidate an advantage. The DOJ usually avoids indictments or major investigations within 60 days of an election.
Conservatives noted that early voting for 2024 starts in states like Minnesota and South Dakota on September 20, less than a month away, which falls within those 60 days.
Smith has denied any political motives, pointing out that the cases were filed long before the 2024 election season began. He also notes that DOJ rules allow a trial to start if the charges were filed before the election season.
Trump has pleaded not guilty to the charges and criticized the case. On Tuesday, he posted on Truth Social, calling Smith’s new indictment “ridiculous” and saying it has the same problems as the old one. He is calling for the case to be dismissed immediately.
However, Democrats are likely to push for a trial anyway, keeping Trump off the campaign trail and creating uncertainty for his campaign. Smith’s only job is to “get Trump,” and he won’t stop until he does.