Aug
Sixty-nine days before the 2024 election, special counsel Jack Smith unsealed a revised indictment against Donald Trump, significantly sharpening the focus on the events of January 6. As the case is unlikely to reach trial before the election, the timing of this development is both strategic and provocative. One might question whether Smith’s intent is to bring Trump’s alleged misconduct into sharper relief through this expedited legal action, potentially swaying voter perceptions and impacting the upcoming election.
Changes in the New Indictment
The revised indictment, released on Tuesday, does not mark a significant departure from the previous one. Despite Smith’s setback in July at the Supreme Court—confirming that a President is immune from prosecution for actions taken during official duties—the updated indictment maintains the original charges. Last year, Smith’s comprehensive 45-page document accused Trump of attempting to overturn the 2020 election. The new indictment, now condensed to 36 pages, reiterates the same four alleged offenses.
The updated indictment largely mirrors the original, maintaining charges despite the Supreme Court setback, according to wsj digital.
Omissions and Implications
One notable exclusion from the revised indictment is Jeffrey Clark’s effort to become Acting Attorney General and issue baseless warnings about mass voter fraud. Trump did not pursue Clark’s proposal, and Clark now seeks to avoid the suspension of his law license. The Supreme Court’s ruling clarifies that a President’s management of a cabinet agency does not constitute a criminal matter, though the Oval Office discussions about Clark’s scheme are striking.
Court’s Stance on Vice Presidential Role
The Supreme Court’s opinion on Trump’s pressure on Mike Pence was less definitive. Trump’s January 6 pressure highlighted Pence’s dual role. Pence was both a close advisor to Trump and the Senate’s presiding officer. Although Pence’s Senate role is not executive, it can affect presidential nominees and policies. The Court suggested Trump might be “at least presumptively immune” from prosecution, complicating criminal law applicability.
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Smith’s Continued Litigation
Jack Smith’s revised indictment includes an allegation that Trump threatened Pence on January 5. This reflects Smith’s determination to test constitutional limits. Despite updates like referring to Pence as “the President of the Senate,” core allegations remain unchanged. Smith’s approach shows a willingness to push legal boundaries. This strategy could extend the litigation through appeals and possibly to the Supreme Court.
Election Implications and Future Prospects
The immediate outcome of the case may hinge on the November election. If Trump loses, Jack Smith could pursue the case further. With President Kamala Harris, a pardon similar to Gerald Ford’s might be considered. If Trump wins, the next Attorney General might dismiss federal cases against him. Smith’s revised indictment could be a strategic move to influence the judicial process before potential political shifts.
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